Confused over order of things in a Chapter 13.... Help a newbie?

[momindebt]

We had our 341 meeting for our chapter 13 and have our next court date set up already. What is this next court date called? Is this next date where our plan hopefully gets confirmed? What is this 60-day club we keep hearing about? Also, will we hear any objections to this plan prior to this meeting or at it?

Thanks for the help!

[HHM]

The next step is the Confirmation Hearing. 60 day club DOES NOT apply to chapter 13's. The 60 day club refers to Chapter 7 bankruptcy and refers to the statutory waiting period between the 341 meeting and the scheduled date of discharge.

In chapter 13, after the 341 meeting, the confirmation process begins. In reality, this time represents when 30-50% of the work of the chapter 13 is done. The chapter 13 trustee will almost ALWAYS object to something in your plan and then your attorney sorts out the issues and tweaks your plan to get something everyone can live with.

[RunningMan]

If your trustee did not have any objections, your next court date should be for your confirmation. I think the 60 day club only applies to a chapter 7. They are discharged 60 days after their confirmation. A chapter 13 has 36 to 60 months before it is discharged.

MTA: Nevermind, HHM beat me to the reply.

[momindebt]

Thanks RunningMan and HHM... So, even if our 341 meeting appeared to go smoothly and we weren't asked any questions about our payment plan/budget, it would be quite typicalto expect that the trustee/judge want to increase our plan? If the trustee does object, will we know before the hearing or just at it? Should we expect that our attorney would work with us on a the best solution or does the attorney just make the decision for us?

[HHM]

Thanks RunningMan and HHM... So, even if our 341 meeting appeared to go smoothly and we weren't asked any questions about our payment plan/budget, it would be quite typicalto expect that the trustee/judge want to increase our plan? If the trustee does object, will we know before the hearing or just at it? Should we expect that our attorney would work with us on a the best solution or does the attorney just make the decision for us?

Yes, even if your 341 meeting went smoothly, it would be very normal to have an objection filed after the meeting.

As for specifically what happens next, it sort of depends on how your district and judge specifically handle the confirmation process, the process can vary. In general, the trustee would file an objection within 10 days of the 341 meeting. At which point, your attorney will begin negotiating with the trustee over the objection (and keep you informed and advise you about the issue).

[momindebt]

Yes, even if your 341 meeting went smoothly, it would be very normal to have an objection filed after the meeting.

As for specifically what happens next, it sort of depends on how your district and judge specifically handle the confirmation process, the process can vary. In general, the trustee would file an objection within 10 days of the 341 meeting. At which point, your attorney will begin negotiating with the trustee over the objection (and keep you informed and advise you about the issue).

Thank you! I'll keep my fingers crossed I'll be one of the rare ones that doesn't hear an objection then. Appreciate your answers... It can all be so confusing at times!

[daleintampa]

Yeah. My 341 meeting went great. The trustee looked at my Attorney and said..........Looks good to me. and we were done. 5 months later and the Trustee is willing to confirm for $200 more a month. Go Figure. Keep in mind. that after the 341 meeting, Your creditors can put in claims and this delays everything. I had Lots of Creditors.