top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Last day to objection of confirmation?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Last day to objection of confirmation?

    The paper from the court says the last day for objection to confirmation of the plan is the day of my 341 meeting for my division (with a note that for the other division in my district it is 10 days after the 341).

    Does this mean the trustee needs to file any objection they plan on making by midnight on the date of my 341? If nothing is filed by then my plan is pretty much confirmed? (pending the judge signing off, of course).
    Filed CH13 - 06/2009
    Confirmed - 01/2010

    #2
    Originally posted by forgotten View Post
    The paper from the court says the last day for objection to confirmation of the plan is the day of my 341 meeting for my division (with a note that for the other division in my district it is 10 days after the 341).
    There's variation between how individual local courts handle the timing of plan confirmation. A small number confirm at the end of the 341 meeting. (Yours must be one of those.) The rest hold a separate confirmation hearing sometime after the 341 meeting - usually 10-30 days later.

    Does this mean the trustee needs to file any objection they plan on making by midnight on the date of my 341? If nothing is filed by then my plan is pretty much confirmed? (pending the judge signing off, of course).
    Since this is a more unusual approach to confirmation by your local bk court, your lawyer is the best source to answer this reliably for you. My guess (and it's just a guess) is that if your trustee was going to object to your plan, in your case they would do so before your 341.

    It's also possible that your trustee could have your 341 but push off the confirmation to a second date if after speaking with you, he/she had issues with your plan. Again, your lawyer can answer if this can happen in your local court.

    Keep in mind that no matter how or when your plan confirmation is handled, you or your trustee can petition the court at any time during your plan to amend it if your financial circumstances change significantly and will be long-term.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment

    bottom Ad Widget

    Collapse
    Working...
    X