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Lawyer saying a Debtor Cannot Ask for a "Delay"

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    #16
    So if I am reading this, her biggest risk by showing up on July 17 to the 341 is that the Trustee very quickly APPROVES the 13 BEFORE she moves to withdraw it.
    1. The Trustee does not "approve" anything. He/she simply either recommends or does not recommend that the Court approve the Plan.
    2. If the Trustee recommends approval, the Judge must still sign the Order. There is no directive for distribution until the Judge signs the Order.
    3. Timing on the signing of the Order depends upon who is drafting it, how quickly it is uploaded to the Court and how quickly the Judge sees it on the system and signs it. My guess is this process could be a few days to a couple of weeks, but who knows. . .
    4. Once that Order is signed the funds held will not be returned to the debtor if the case is dismissed or converted.

    You state the attny is suppose to get $3,500.00. Does he get this regardless of how far the case has progressed? I cannot comment on this because we charge hourly and can only get paid (pre or post confirmation) if the court approves our fees. Most attnys are paid a flat fee but I do not know if they are entitled to the entire flat fee pre-confirmation.

    Des.

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