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1st Confirmation Hearing attendance Question

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    1st Confirmation Hearing attendance Question

    I say "1st" because I doubt our Plan will be confirmed, though the TT has not filed any objection yet with the court, nor notified my attorney of any objections.

    The Hearing will be this Thursday.

    The problem is that my wife and I need to go out of state to attend a work-related continuing education weekend-long seminar that cannot be missed, and we are leaving Wednesday.

    It is also being treated by my wife and I as our 1 chance to "get away" this year, though she will be in classes 8 hours per day Thurs. - Sat., and Sunday morning.

    This is in Louisville, KY....so not like we're heading to Vegas or something ridiculous, and we're driving.

    This time together is very very important to us considering the stress in our lives the last few years, and the lack of vacations.

    Our atty. says its OK if we miss the Confirmation hearing....that we don't need to attend, only he does as our representative.

    However, I do know this can vary from Judge to Judge, and from District to District.

    I'm wondering if this will be held against us by either the TT or the Judge??? Has anyone heard of that happening??

    We asked out atty. if maybe we should get a continuance/delay to the NEXT available date, which is mid-way through May, but he said he would rather go to this one, even without us, just to see where they (Judge, TT) stand in our case.

    Worst case scenario is my wife drives down by herself. I attend the hearing the next morning. THEN I get on a Greyhound (spending extra money - approx. $100 - for the ticket, etc.) and suffer through a 12 hour ordeal to get down there....arriving near midnight to meet her.

    Seems a bit ridiculous.

    I refuse to miss having this away time that we won't possibly be able to have again for another year.

    That is unless its going to cost us badly in some manner or fashion. That would figure.

    Any opinions? Anyone hear of a situation like this causing problems for the debtor....for instance making the Judge think that we don't take this seriously...which couldn't be further from the truth!!??
    Filed CH 7 Sept. 2011 - UST Motion to Dismiss (presumption of abuse) Dec. 2011 - Converted to CH 13 Feb. 2012 - Plan Confirmation May 2012 - Expected Discharge June 2017

    #2
    You don't have to attend the confirmation.
    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


      #3
      I think you are okay. Take what your attorney's word. You are paying that person to do your worrying for you. Go and have a bit of relaxation and try not to worry. If things don't go as expected (they probably will) then go on from there and deal with it.

      Have a very good time, the both of you! {{{HUGGS}}}
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        Glad SOMETHING is finally going your way!
        Here's hoping you have a nice, relaxing trip; and come back to a problem-free confirmation.
        Crossing fingers for you that all that stuff about the nasty judge will turn out to be a scare tactic.

        Keep On Smilin'

        Comment


          #5
          Thanks....I feel like I'm holding my breath here and about to turn blue!
          Filed CH 7 Sept. 2011 - UST Motion to Dismiss (presumption of abuse) Dec. 2011 - Converted to CH 13 Feb. 2012 - Plan Confirmation May 2012 - Expected Discharge June 2017

          Comment


            #6
            Mine is in May our attorney told us not to attend, fine with me. Good luck and have fun on your trip.

            Comment


              #7
              Not sure where you are in Michigan but we are in the Eastern district and we were told not to attend. I'm really wishing you all the best... I know you've been having a very stressful time of it and I definitely think you should go with your wife and enjoy your time together!
              Filed Ch 13 Feb 9, 2012, 341 meeting Mar 15, 2012, Confirmed Apr 5, 2012
              Anticipated freedom party Apr 2015

              Comment


                #8
                There is no point in a debtor attending a confirmation hearing. The debtor will not be allowed to speak, and nothing a debtor can say will affect the outcome anyway.

                Comment


                  #9
                  You have to attend the 341 hearing, but not the confirmation. Only my attorney went to our confirmation hearing. Have fun in KY!
                  Filed CH 13 September 17, 2007
                  Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

                  Comment

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