Objection to Confirmation

[kayemc]

Okay, I thought I was over the rough part , but we had our 341 hearing on Wednesday and the trustee had no objections. today, I get a letter with objections listed.

1. Debtor lacks sufficient income to fund the plan.
2.The plan contains insufficient funds to make the guaranteed payment amount to general unsecured creditors.
3. The plan is ambiguous or incapable of ascertainment (11 U.S.C.) because it conflicts with statement of affairs #9.
4.The plan pays attorney fees in excess of that owed per the 2016b

Can someone please tell me what this means? I have been sick this entire process.

[woeisme]

I had several objections to my plan too (I think in my plan there were 3 objections, one being that they didn't have an appraisal of my house, one being that some number on some line of my schedule didn't have an explaination beside it, and the third I can't remember.) Anyhow, I had the appraisal done, my lawyer just hadn't sent it in, and the other two were corrected easily by my lawyer as well, and then the plan confirmed. I was also freaked out when I got the objection letter, but it's pretty standard, I think the trustee doesn't think they are doing their job if they don't find something to object to in order to make you jump through a few hoops!

Is your CH 13 plan something you can budget and live with for 5 years? The objection that you lack income to fund the plan is odd if the budget sheets were filled out correctly. Talk to your lawyer about it, see if that means you can pay less to unsecured creditors! Wouldn't that be nice, if the objection meant a revision to your plan that allowed you to pay less...

But the only way you'll know if these objections are something to worry about or not is to talk to your lawyer. Most of the time they are just procedural and no big deal, but you won't know until you consult your attorney if that is your case or not. Good luck!