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What are the steps in the Ch 13 Plan Confirmation process post-confirmation hearing?

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  • What are the steps in the Ch 13 Plan Confirmation process post-confirmation hearing?

    I had my confirmation hearing this week. When I searched PACER the next day, the Trustee posted his recommendation to the Court to confirm my plan . The latest document is the Trustee's certification that there was no detected fraud and abuse in my case. So what will be the next documents I should see or receive from my attorney, up to the confirmation order? How long does it usually take to get a confirmation order after the confirmation hearing?
    Filed Ch 13 Fall 2013, 60 month plan

  • #2
    Ours took 5 months from the hearing to the actual confirmation date.
    Filed July 2009. Discharged 08/08/2014. Awaiting closing. We made it !!!! Woo-hoo!


    • #3
      Originally posted by switch625 View Post
      I had my confirmation hearing this week. When I searched PACER the next day, the Trustee posted his recommendation to the Court to confirm my plan . The latest document is the Trustee's certification that there was no detected fraud and abuse in my case. So what will be the next documents I should see or receive from my attorney, up to the confirmation order? How long does it usually take to get a confirmation order after the confirmation hearing?
      Typically, when there is a recommendation for confirmation, the case is confirmed at the next hearing on confirmation (after the Trustee has recommended confirmation). I can't tell you if you had an overlap where the Trustee's recommendation was not received in time to confirm your plan. Additionally, other factors could affect confirmation, such as lien stripping, objections to confirmation, and objections to claims.

      In Florida, we typically hold an initial confirmation hearing which is automatically continued to a later date, unless the case is simple and there is nothing that would preclude confirmation (lien strip, objection to confirmation, etc). Florida typically then schedules a final confirmation hearing around 4-5 months after the initial confirmation hearing. In that time, objections to claims, objections to confirmation and lien strips can be dealt with. The final confirmation hearing typically settles all those matters at the hearing.

      Since the debtor, you, are not required to attend confirmation hearings (unless there's an evidentiary hearing that requires your testimony), you can relax and just keep your plan payments up to date. Upon confirmation, your attorney and/or the court will mail you the confirmation order.
      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

      I am not an attorney. Any advice provided is not legal advice.


      • #4
        The procedures vary by court and case. At my 341, my trustee told my attorney that he was late submitting the proposed order stripping my 2nd mortgage and that she was recommending confirmation of my plan subject to the order being submitted. My attorney submitted the order that day and my plan was confirmed that day.

        As you can see from andy158's much different experience and JB's description of the process in Florida, the process is more streamlined in some courts than others.

        JB makes the most important point: just make your plan payments on time. The trustee recommended confirmation, so your plan will be confirmed. When the confirmation order is actually ordered is only important if you are in a district where the counting of your 36 to 60 months begins at the date of confirmation. But, I think that only occurs in the 6th Circuit, not in the 3rd Circuit where PA is.
        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!


        • #5
          Stumbled onto my own thread and figured I take the time to update it. My confirmation order came a week after the hearing. Got the trustee recommendation to confirm a day or two later from the hearing date?
          Filed Ch 13 Fall 2013, 60 month plan


          • #6
            Hi Switch..

            I'm glad you got the confirmation. In my case, the plan was confirmed the same day as the hearing and the cofirmation document was online the next morning. My lawyer was surprised, he says that was the quickest he'ld ever seen. Yours went extremely well too!!!!
            Filed Chapter 13 - 07/20/12
            Discharged 8/2/16


            • #7
              Overall, my Ch 13 process went very well with no major issues. No objections from anyone and only minor fix up issues the trustee advised us of at the 341 meeting. I only wish I could have done it years ago!
              Filed Ch 13 Fall 2013, 60 month plan


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