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Confirmation Meeting After Objection Filed - what to expect?

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    Confirmation Meeting After Objection Filed - what to expect?

    Our Ch 13 confirmation meeting is coming up on July 18. Our mortgage company has already filed an objection to our plan (for the gory details, see my "Problem with Mortgage Co - HELP!" thread from July 3). Typically we wouldn't attend the confirmation meeting - only our lawyer has to be there. He's already told us it's fine for us to attend if we really want to.

    My two questions....Will our mortgage company's legal representative who filed the objection be there at the confirmation meeting? And when objections to your plan have been filed, which is better - for debtors to be at the confirmation meeting in person or not be there?

    TIA, my virtual bk friends!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    #2
    I would go, and bring with you any proof, any correspondence, anything you can to defend your case. In my opinion, your presence there could mean the difference from getting confirmed and not confirmed. If your there, you could settle it once and for all.

    With that said, if you have to take off work which would cause a decrease in your income, I would probably not go and let the lawyers fight it out.

    I just think your testomony about when payments were sent / etc., could mean alot.

    I'm having my own issues with my first mortgage now. They don't seem to want to post my payments. I decided to send my payment this time via the bank bill pay system. I had previously mailed the payments in. The bill pay is electronic to them. The bank has been in contact with them, and all they tell the bank now is yes, the payment has not posted to the account. Guess I'll give it till Tuesday and then start raising hell about it.
    Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
    Plan Confirmation 6/16/06 :yahoo:
    Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

    Comment


      #3
      mortgage

      My experience has been that negotiations will take place either before the confirmation hearing or at the confirmation hearing. If not resolved, the confirmation hearing will be "continued" until they are resolved. Pretty much the trustee wants to be sure that your plan is funded enough to cover the mortgage companies issues and if that is the case, then confirmation should proceed without further incident. If funding is an issue, then confirmation won't be granted until resolved.

      Comment

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