Confirmation of plan - when does it happen

[Anj]

I filed in early January - and I'm still not confirmed... is this common? I've been paying on time - and everything with the trustee is going smoothly.

[SinkingFast]

If your attny hasn't told you of any problems, it may be a clerical error on the part of the Trustee or the Clerk of the Court.

You can check on your case on PACER to see what docs have been filed there. Could be something going on you haven't been told about.

http://www.bankruptcyforum.com/t1011-what-is-pacer.html

If there aren't any oddities showing on PACER, call the Clerk of the Court and ask them what's going on. Very often, the Clerk of the Court can get things posted rather quickly when the Trustee is just being slow or forgetful.

[aa06a47]

I filed in early January - and I'm still not confirmed... is this common? I've been paying on time - and everything with the trustee is going smoothly.

When the trustee has everything he needs and satisfied with the plan, a letter recomending confirmation is entered. Then, the judge holds a hearing and confirms the plan. Some court districts require the debtor to be at the confirmation hearing. The district I'm at doesn't.

If there is a creditor objecting to the confirmation, then more than likely you will have to attend if your attorney cannot work it out with them prior to the hearing.

If you filed pro-se, you really need to get a Pacer account and see what the hold up is. I would get a pacer account anyway just to check on it. You are well past the date creditors had to object (90 days after the 341 meeting).

You can also set up an account (free) with the 13datacenter.

https://www.13datacenter.com/index.asp

This website will show you things like date confirmed, keeps track of how much money you have paid...etc.

[jane taylor]

I set up an account with 13datacenter and it has been very helpful. I have noticed that they are a couple of weeks behind in their postings, so don't panic. If you used an attorney, do call them--you are paying for it! If you filed pro se, then you need to contact the Trustee's office.

Keep us posted.

jane

[Anj]

I will have to call the lawyer - I know we had a type-o for husband's income - and then mysteriously our plan went up 10k - so I assume that's where the issues lie.

Thanks all - didn't know if it was a quick process or took months.

[aa06a47]

I will have to call the lawyer - I know we had a type-o for husband's income - and then mysteriously our plan went up 10k - so I assume that's where the issues lie.

Thanks all - didn't know if it was a quick process or took months.

From filing to confirmation took 2 months and 13 days. I'm sure it varies from court house to court house. Your case had been long enough that I would start asking alot of questions.

Confirmation binds the creditors and youself to the payment plan. Since from filing to confirmation, my plan changed $110.00 / month. I have to make up the difference, though my lawyer acted like I shouldn't be too concerned, just make it up in months I have extra money. Hopefully they are just fighting over clerical errors, not payment amounts.

Also, on a side note, your attorney should contact you prior to them raising the POT (I'm assuming that is what you meant when you said your payment went up 10K)....that is an extra 167/month.

[Anj]

we were originally slated for 48 months and 47K and change (100%) - now we are at 57K and 60 months - but we would be finished around 57 months - we would go over by a few thousand if we went the full 60 months.

You know - I just keep paying - but this whole things is just rediculous...

[aa06a47]

Anj, I've only sent 3 payments, and am sick of the whole thing. For the few cents on the dollar my creditors will get, the only person in this chapter 13 thing that is benifiting is the trustee (and me of course after the discharge).

Of course, I was sick of being broke all the time with no end in sight (I am still broke now...but I know in 5 years it's over). I try and keep that in perspective.

[anonymuse]

we were originally slated for 48 months and 47K and change (100%) - now we are at 57K and 60 months - but we would be finished around 57 months - we would go over by a few thousand if we went the full 60 months.

You know - I just keep paying - but this whole things is just rediculous...

What is ridiculous about it? I'm sorry, but nobody said Ch 13 would be easy--but at least you know there's a light at the end of the tunnel in 5 years. Where would you be at the moment without BK? Not just owing 57K, but 57K or more (not sure what % plan you have) plus late fees plus interest with creditors hounding you and possibly suing you.

I'm not saying this to be mean, I'm just trying to put it in perspective to show you how far you've come and reminding you what you're reaching for.

[aa06a47]

Anon, are you filing chapter 7 or chapter 13? I don't know if rediculous is the correct term, but chapter 13 ain't no walk in the park. As you said, we have to put it in perspective and realize that there is light at the end of the tunnel.

But, I'm feeling like starting a debate on why Congress mandates all disposible income...why nothing for a rainey day.

Those of us in a chapter 13 plan just feel we are one major set back from failure. Some on this board have already found themselves in a bind due to unforseen issues.

I don't think those in a chapter 7 quite understand how Chapter 13 is like the difference between night and day.

[anonymuse]

Anon, are you filing chapter 7 or chapter 13? I don't know if rediculous is the correct term, but chapter 13 ain't no walk in the park. As you said, we have to put it in perspective and realize that there is light at the end of the tunnel.

But, I'm feeling like starting a debate on why Congress mandates all disposible income...why nothing for a rainey day.

Those of us in a chapter 13 plan just feel we are one major set back from failure. Some on this board have already found themselves in a bind due to unforseen issues.

I don't think those in a chapter 7 quite understand how Chapter 13 is like the difference between night and day.

I would agree with you 100% on your debate. As I've said in other posts, I think that part of the plan should go into savings held by the trustee. Then, if an emergency arises, you can get it from there; and if nothing "bad" happens during the plan, then you have a little cash to start over with in savings at the end of your plan.

It doesn't make sense that if you can't put $100 into a plan, then you can't file Ch 13. (My lawyer said it's Ch 7 or nothing since I don't have enough disposable income to put into a plan.) IMO, I think It should be your disposable income minus $100 (or some amount under $100) goes into the plan. That $100 or so then would be put into some type of forced emergency savings fund.

[nervousSC]

Anon, are you filing chapter 7 or chapter 13? I don't know if rediculous is the correct term, but chapter 13 ain't no walk in the park. As you said, we have to put it in perspective and realize that there is light at the end of the tunnel.

But, I'm feeling like starting a debate on why Congress mandates all disposible income...why nothing for a rainey day.

Those of us in a chapter 13 plan just feel we are one major set back from failure. Some on this board have already found themselves in a bind due to unforseen issues.

I don't think those in a chapter 7 quite understand how Chapter 13 is like the difference between night and day.

I'm in on this debate! I agree 100%.

[Anj]

you aren't mean - but it is certainly rediculous to me - it is rediculous that the judge keeps changing my I & J (right?) - it is rediculous to me that my filing has been submitted incorrectly twice - it is rediculous to me that my "plan" has went up by $9000 in the course of a couple of months - it is rediculous to me that my mortgage company changes my amount due every month and then refuses to accept my payments on time because the amount is not yet determined - it is rediculous to me that the mortgage company was allowed to refuse my payment for 2 months because of changes and then were able to get an order to lift the automatic stay, to which I had to come up with $1000 out of the bankruptcy to pay their "FEES" for filing the order - it is rediculous to me that every step of the way I have done the right thing - and yet, I keep getting deeper...

That's it - vent over... - I'll live and I'll keep paying and I'll keep moving forward - but I am guess I am like the criminal that always said "I didn't do it" - I really feel like the mortgage company used every tactic they could within the law to set me up for failure and that whomever claims that the mortgage companies don't want to foreclose on you was certainly not referring to mine. They have been out for blood - and they've gotten it.

[anonymuse]

you aren't mean - but it is certainly rediculous to me - it is rediculous that the judge keeps changing my I & J (right?) - it is rediculous to me that my filing has been submitted incorrectly twice - it is rediculous to me that my "plan" has went up by $9000 in the course of a couple of months - it is rediculous to me that my mortgage company changes my amount due every month and then refuses to accept my payments on time because the amount is not yet determined - it is rediculous to me that the mortgage company was allowed to refuse my payment for 2 months because of changes and then were able to get an order to lift the automatic stay, to which I had to come up with $1000 out of the bankruptcy to pay their "FEES" for filing the order - it is rediculous to me that every step of the way I have done the right thing - and yet, I keep getting deeper...

That's it - vent over... - I'll live and I'll keep paying and I'll keep moving forward - but I am guess I am like the criminal that always said "I didn't do it" - I really feel like the mortgage company used every tactic they could within the law to set me up for failure and that whomever claims that the mortgage companies don't want to foreclose on you was certainly not referring to mine. They have been out for blood - and they've gotten it.

Thank you for explaining what is so ridiculous--I misinterpreted what you were saying as any Chapter 13 plan is ridiculous. Sorry to hear about all of the hoops you've had to jump through. That uncertainty must add to the stress level that is already high while going through these proceedings. I apologize if I added to that stress level since we all come here for a refuge.

Anywhere else in the courts, we're supposed to be innocent until proven guilty. But look at BK--everyone starts with a presumption of abuse. How backwards is that?