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Is having a scheduled Confirmation Date/Time just smoke & screen while in the process

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    Is having a scheduled Confirmation Date/Time just smoke & screen while in the process

    I'm sorry everyone, i'm just in awe over a conversation I had with my attorney yesterday.

    I was talking about something else and then made the comment I could hardly wait, confirmation is only a couple weeks away. He said, oh, did I not tell you that confirmations, don't normally happen on the day they're scheduled; I responded no, I'm sorry you didn't tell me. He said that there could be objections from secured creditors who may not have filed yet (they have 90 days from the 341 hearing). I had to remind him, we had only 1 secured creditor because this is a 100% payback case with only 1 secured creditor and the rest all unsecured credit cards. He said oh right, well let me tell you, sometimes the court gets backed up and your case hasn't even been read by confirmation day. I asked him why is a date/time set up then. His response is that it is set up in case there is a dispute..however in his many years of doing his job he has NEVER EVER had to attend a confmration meeting. If there are any issues they are settled outside of court.

    He also said if it's not confirmed on the date set it's not usually that long after..however, having looked at my file for another minute (it's great how they don't know who they're talking to and I do understand they have many, many clients) he said you actually may be one of the few who are confirmed on the scheduled date.

    I feel so down right now...all i've been doing is counting down to Confirmation. I know nothing's guaranteed but honestly this is a very straightforward, easy case. 100% payback to unsecured creditors and having our car loan paid back at 100% all over a 5 yeqr period.

    Right now I just feel like a gamepiece on a chess board.

    Thanks for listening and have a great day!
    Last edited by sophieanne; 09-13-2012, 08:34 AM. Reason: I left a couple words out
    Filed Chapter 13 - 07/20/12
    Discharged 8/2/16

    #2
    Sophie, I didn't even know about things like "Confirmation" until I had started reading this forum. I'm a little hard of hearing, and even if my attorney had told me, I simply may not have heard. Then my plan wasn't confirmed until about 7 months after my 341. I kept waiting, then I received a report from my trustee that I was in default. It seems I had missed a payment between filing and my 341. Of course I quickly sent in the "missing" payment, then I received my letter that my plan was confirmed.

    I wouldn't worry too much. Most likely your confirmation will follow at the same time it does for everyone else in your area.

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      #3
      Sophieanne, try not to worry so much. If nobody objects to confirmation and there aren't any glaring problems with your plan, the judge will confirm the plan, even if it does take a few days past the scheduled hearing date for the order to actually get signed. If there are issues with your plan, you will know before the date set for the confirmation hearing.

      Your attorney is trying to make sure your expectations are in line with reality. The fact that he had to glance at your file to tell you what he thinks may happen in your case is understandable. As you say, he has lots of clients. He didn't expect to be talking about confirmation until you brought it up. So, there is no reason to expect that he would know the releveant facts off the top of his head.

      The most valuable thing you can do right now is make sure you are living within your budget and make your plan payments on time. Other than that, try not to think about the details too much while the process plays out. There is no sense in worrying until you know there is problem.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        Hi lillymarlene,

        Thank you for your response...i really appreciate it. If there's one thing i'm going to learn out of this, it's patience
        Filed Chapter 13 - 07/20/12
        Discharged 8/2/16

        Comment


          #5
          Hi LadyInTheRed,

          Thank you so much for your response...i was hoping you would write.
          I appreciate your note and as I said to Lillymarlene, the one thing i will learn out of this whole process is patience.

          So I'm curious...how did you become a moderator...and what is the role of a moderator? You are so incredibly knowledgeable, i enjoy reading and learning from all of your posts.

          Are you going through the bk process also???

          I hope you're having a good day.

          P.S. - Budget 101 is my name....just finally learning to enjoy living without credit cards !
          Filed Chapter 13 - 07/20/12
          Discharged 8/2/16

          Comment


            #6
            Originally posted by sophieanne View Post
            Hi lillymarlene,

            If there's one thing i'm going to learn out of this, it's patience
            Wise words indeed grasshopper.

            Remember, bankruptcy is a process, not an event.........
            All information contained in this post is for informational and amusement purposes only.
            Bankruptcy is a process, not an event.......

            Comment

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