In a Chapter 13 bankruptcy filing, debtor and his attorney attended the 341 meeting and there were no creditors present. All the documents has been sent to trustee and courts, and couple of documents are yet to be given and some corrections on the filings were indicated by the trustee at the 341 hearing. Attorney for the debtor agreed to fix those errors.
And confirmation hearing date is set at the 341 meeting which is around 30 days + from the date of 341 meeting. Within few days of the 341 hearing, Trustee sends a letter
listing the reasons for his objections which includes those errors besides some the documents he has already received.
Is this a regular mail from court. Because, debtor's attorney agreed to correct the small mistakes in their filings and would have done those.
Just want to make sure who objects to the objections of trustee ? It is the debtor and/or his attorney ? And this should be done before the confirmation hearing or at the confirmation hearing before the judge?
The timing of the filing of a response to the trustee's objection will depend upon the local rules followed in the court where your case was filed. The responsibility to file a response and prepare for the hearing falls on the debtor's attorney. However, if part of the object is that certain bank statements, tax returns or documents that could only be produced by the debtor, then the debtor must provide those documents to his attorney.
If the mistakes require filing of amended documents such as amended schedules or an amended SOFA, then the attorney would normally prepare the documents for his/her client's signature and the attorney would file the response.
If you have questions about what is happening and what needs to be done, then you should make an appointment to meet with your attorney to review your questions and work through what needs to be done to satisfy the trustee. Many times I have clients that are worried about issues that will be resolved easily, but they need an explanation as to what needs to be done and how that will be done. The only person that can do that for you is your attorney.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
I concur with the recommendation of my distinguished colleague. No attorney here is going to second guess your current attorney. You need to trust your attorney and direct all your questions to the attorney. If you cannot work out your differences, after making a serious effort to do so, you do have the right to change attorneys. Good luck.
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Chapter 13 trustees always object to confirmation. Most specifically tell the debtors this at the 341 meeting and still no debtor seems to hear this clear warning. The objection is to delay conformation until the trustee is fully convinced that the legal requirements have been met. Why does the trustee require so many inane documents? Because experience shows the many debris LIE about their income, expenses, or assets. Shocking, I know, but true. So everyone pays the price for the bad apples. Hope this perspective helps.
My colleagues have given you very good advice. Your Trustee objects as a matter of course. It buys him additional time to scrutinize your Plan and schedules. Some attorneys file a formal response to the Objection, other attorneys do not. It depends primarily on the extent and basis of the Trsutee's Objection. It is your attorney who will handle and resolves the Trustee's Objection, or appear before the Judge to get the Objection resolved.
Bruce C. Truesdale
You have read by now the other great answers. Thus I wont repeat them but simply say that you want to NOT cause any increase in your attorney fees. Thus, in your area if that is what happens and the trustee continues the hearing as a practice, the hearing will be continued, they withdraw objections and the court can confirm the case. I have filed a statement that I DONT want the hearing continued and instead argued unless an objection is withdrawn. However, if your contract allows and or results in you paying your attorney for any of that additional work, then you might want to sit back and wait. I hope your weekend is great! PS Not sure whos fault the mistakes were ..but if your attorneys they should not charge for their mistakes either.
Until the attorney actually completes it the trustee will hold back from updating this website. Now if there is a fundamental disagreement as to the plan confirmation between your attorney and the trustee then they need to come to terms together with your consent but usually these things amicably resolve.
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