Confirmation with Objection

[caj0524]

I thought I read somewhere (I may be imagining this, my bride tells me I do that a lot), that a judge can confirm a plan without an objection being adjudicated yet.

It doesn't sound right... but that nagging feeling in my brain keeps telling me I read it somewhere...

For those who haven't read the posts in the Pro-Se section...

I've got an general unsecured creditor who objected to confirmation based on it being filed in bad faith.

Today at the confirmation hearing, the trustee recommended confirmation, but the objector would not withdraw his objection.

We've got a hearing in 2 weeks...

Thoughts from my super-duper-smart friends out there???

[lrprn]

Today at the confirmation hearing, the trustee recommended confirmation, but the objector would not withdraw his objection. We've got a hearing in 2 weeks...

As long as any objections remain unresolved, it's my understanding that your plan cannot be confirmed.

However, your Ch 13 trustee can ask the court for permission to start disbursing funds to your secured creditors before your plan is officially confirmed by the court.

Ours did this while we waited for our two trustee objections to wind their way through the legal process and finally be resolved. Our local court judge ended up ruling on both (one in our favor and the other in our trustee's favor) 15 months after we filed. Only then was our case with the final agreed monthly payment officially confirmed.

[rrockinggramma]

sounds like the trustee doesn't think the creditor's claim is valid and doesn't expect it to be an issue.