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How long to confirm your Ch 13?

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    How long to confirm your Ch 13?

    For all you Ch13 filers out there: How long did it take to confirm your Ch13 plan? Was it an asset case? If it took a long time, was it because of objections?

    What other variables could hold up confirmation?
    10/27/11 - Filed Ch13 ------ 2/27/12 - Conversion to Non-Consumer Ch7 ----6/11/12 - Discharged!

    #2
    Des would be able to answer this for Arizona. In Florida, Chapter 13 confirmations typically are completed at month 5. This is to allow claims to be filed. The Initial Confirmation Hearing is just a status conference to make sure the Trustee is okay with the general plan and that the debtor is paying on time. The final confirmation hearing is held 30 days after the last day to file a claim.

    Chapter 13s are always asset cases! It's a technicality.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke View Post
      Chapter 13s are always asset cases! It's a technicality.
      Ahh, I guess thats true! ALso, I didn't realize it differed so much by state!
      10/27/11 - Filed Ch13 ------ 2/27/12 - Conversion to Non-Consumer Ch7 ----6/11/12 - Discharged!

      Comment


        #4
        Aznoname, I think things are pretty "individual" - my spouse's 13 was confirmed on "first try" ONE DAY BEFORE!!! the confirmation date. But our atty has been in the business for 25 years, his Ch 13 paralegal, 10, and atty # 2 who handled 13's exclusively (and 341's) over 10 years...of daily work with Trustees...

        Time line - 341 w/in 25 days of filing; confirmation about...5 weeks after 341.

        REMEMBER than in general you need to make your first Ch 13 payment within 30 days of filing date too.

        Comment


          #5
          Filed July 17, 2009.
          Confirmed February 5, 2010.
          Asset case w/no objections.
          Courts had massive back log of filers.
          Filed July 2009. Discharged 08/08/2014. Awaiting closing. We made it !!!! Woo-hoo!

          Comment


            #6
            In PA it took us 6 months and 3 tries. Both were issues that needed to be corrected, but each time pushed it back 1 month. 3rd time was finally a charm! I am sure it really depends on each trustee and the judges schedule. My bk was pretty simple compared to many here.
            Discharged 5/2015

            Comment


              #7
              In Massachusetts it took me about 6 months. Most are probably confirmed much faster, but as I've said before, I'm hard of hearing. I think I was told at my 341 to make another payment, but I wasn't sure if the trustee said by "next week" or "month." I didn't feel like saying, "What?" or sticking around after I was told I could leave. :-)

              So after 6 months, when I received the trustee's report, I found out I was behind one month, and immediately sent the "missing" payment in. I received my Confirmation Order about a week later.

              Comment


                #8
                Here is the deal on confirmation. It is both a District-specific time period as well as the facts of the specific case. In Florida, you are not confirmed before the expiration of 30 days after the last date to file a claim (for non-governmental units). In some Districts, they confirm the plan on the same day as the 341 Meeting! It just differs based on the District.

                As always, objections and complications in the plan will always increase this time period.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment


                  #9
                  Philadelphia, 7 months due to a case backlog and no other reason. It was a maddening wait!

                  Comment


                    #10
                    Our plan was confirmed 5 days after 341. Thanks for a great lawyer

                    Comment


                      #11
                      In AZ it will depend upon the Trustee. The 3 trustees each have their own procedures. Each will issue a "recommendation". This is suppose to happen within 60 days after the 341:

                      RB - takes the longest probably due to some understaffing
                      EM - pretty much on time or early
                      DK - mostly timely but also can run late

                      The staff in each office is pretty easy to work with and very capable.

                      Basically, you have approximately 30 days to address the concerns raised in the recommendation, resolve the objections (if any) and submit the Order Confirming to the Trustee. If you need additional time you can ask for it so long as the Trustee knows the status of your efforts. If issues cannot be resolved without court intervention you, the Trustee or the creditor can ask that a hearing on Confirmation be set. Otherwise you simply work out the issues and submit the Order Confirming.

                      Des.

                      Comment


                        #12
                        In So Cal, it took a year for us.

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                          #13
                          Took approx 3 months, no objections.
                          Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
                          0% payback to unsecured creditors, 56 payments down, 4 to go....

                          Comment


                            #14
                            Keep in mind that Ch 13 plans vary a great deal between cases, even within the same local court. Plans are unique to each filer because our financial situations are so different - different assets, different loans, different non-secureds....you get the picture. Objections will almost always slow things down as well.

                            In our case, we had three objections filed (one from our mortgage lender and two from our trustee). It took 15 months for us to get confirmed. But even with the much-longer-than-normal wait, it really didn't affect us. We just kept making our payments on time every month as the whole bk legal process slowly inched forward and the objections were each resolved.
                            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


                              #15
                              Originally posted by despritfreya View Post
                              In AZ it will depend upon the Trustee.
                              Thanks Des, we were assigned RB.
                              10/27/11 - Filed Ch13 ------ 2/27/12 - Conversion to Non-Consumer Ch7 ----6/11/12 - Discharged!

                              Comment

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