A quick Pacer question for the experienced!

[DOA]

Ok, my 341 for 13 was on the 23rd of March, and all objections to my plan had to be filed by 3-29-06. My attorney went out of town for spring break, and I'm climbing the walls to know if objections had been filed by the trustee, because they said they had some during the 341. Well, I broke down and joined PACER. Looked up my case, pulled up list of all documents AND activity. The last entry, other than "doceket of credit card" for my debit card I used to join is the amended I & J filed on March 23rd, no filings by the trustee or court have been filed or entered since. Does this mean the trustee forgot to file objections and our plan is now accepted, or does it just mean they haven't updated PACER with the trustees objections. Quick answers would be appreciated. Thanks

[13inOR]

I dont think you are quite out of the woods just yet. It doesnt sound like your plan is confirmed yet, and thats the milestone you want to get to at this point. I think its a little too soon. In our case, we filed 7/28/04, the 341 meeting was 9/10/04, but it wasnt confirmed till 11/18/04.
Not that this necessarily means you will have any problems, I just think its too soon to know for sure.

[DOA]

But wouldn't the objections have to be filed by the 3-29 deadline in order for the trustee to ask for changes in our plan?

[DOA]

Well, I have once again found that the rules don't apply to the trustees, just us common folks. It seems that the trustee, when he files his 341 meeting report, which by the way doesn't have to be until AFTER the objections deadline, can just ask the court for an extension to file objections at a later time. Thus making the courts deadline a moot issue, and giving the trustee the ability to push out the confirmation hearing until such time as he deems ready to proceed. You know, so his paralegals can take time to make sure they understand all the big words and milk every last dime out of the folks that are trying to rebuild their lives.

[DOA]

12 days past the court ordered deadline for objections, and 19 days after the 341 meeting the trustee STILL hasn't filed his report or objections. This is bogus. The rules are there for all parties concerned correct? So why does the court put up with trustees who don't adhere to the courts orders and guidelines? I mean, the trustee is having no problem cashing my plan payment checks and drawing intrest on the money for themselves, but God forbid they actually work towards confirmation and start paying the CA's. I'm glad I left my truck and mortgage payment outside the plan.

[Minnymouth]

DOA --
According to your post your 341 was on 3/29/06.... and 19 days later you think all objections should be in.....
Nope....creditors and Trustee have approx 60 days to file objectios making your last day to file objections approx 5/29/06.....
Your time frame is not right! Who ever gave you your date of last day to file objections was wrong.
Trustee does not have to accept your payment plan (even though you are making payments already) until after the 60 day waiting period for creditors. Also he can extend this period if he so desires.

Be patient..............calm down...........let the process take its course....

Chapter 13 is not an easy process and your at the mercy and the hands of the Trustee until its over.......

Did you file pro se???

[Minnymouth]

You will learn VERY QUICKLY the Trustee will do WHATEVER he WANTS................ just keep an eye on him - because he has his limitations also..... and Federal guidelines.... Some Trustees have been known to "step over the line" and have been penalized by the Courts....

Just keep an eye on his actions, if you have a question about what he does, ASK.....

Minny

[DOA]

Minny- Problem being: My first 341 was in October, in January it was converted to a 13. The Court set March 29th, or the 341 meeting date, whichever was later, as deadline for objections according to the order I have in my hand from the US BK Court, Indiana Southern District. My new 341 was on the 23rd of March. So, the creditors have had since October to file objections and the trustee has had since February 2nd to file objections to the plan and or I&J. My attorney is flabergasted, as she is usually in the northern district, and swears up and down the judge there would not take kindly to the delay by the trustee. He likes things nice and neat. She even made mention to him of the "differences" in the southern district. He was befuddled that they set, yet don't adhere to their own deadlines.

[Minnymouth]

Okay, now I get the whole picture........
Yes your Trustee is dragging his feet, definitely!!!
Have you been making payments on your plan already?
Sounds like your Trustee is not going to object to your plan in any way..... he just hasn't said for formally....
The judge should have already acted on this situation.
Well, looks like your gonna have to "wait it out" on this one, or your attorney can inquire as to the status of the plan with the Trustee..... (whether it was accepted or not)...
Some Trustee's it takes a Court Order from the Judge in order to make them do something............ it did my Trustee.........!! The Judge had to order a Status Hearing.

KEEP US POSTED,

[DOA]

Minny, the funny thing is the trustee TOLD me they were going to file objections to my plan! And yes, we have been making plan payments, we will make our 3rd on tomorrow.

[Minnymouth]

Sounds like you got a ???????????Trustee there!!! Doesn't know which way hes going..... Keep an eye on him... But also he may have decided at the last minute to accept your plan and do nothing.... And believe me he won't tell you that either!!

Keep us posted.