why would bankruptcy attorney send letter after confirmation

What is a confirmation hearing in Chapter 13 bankruptcy?

Feb 15, 2014 · You likely are getting multiple letters from bankruptcy lawyers mentioning that you have been sued or you might need help with your bills. They then tell you that bankruptcy can be a wonderful solution and without any other information you should give them a …

Why don’t lenders send statements after bankruptcy?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-03-21_13-03-58. If you file for Chapter 13 bankruptcy, the court will hold a confirmation hearing. This hearing is central to your Chapter 13 case because it is where the court decides whether to approve (or confirm) your proposed repayment plan.

Can I get a billing statement after bankruptcy?

Confirmation in a Chapter 13 bankruptcy is extremely important. The confirmation means your case is approved by the bankruptcy Judge. Charlotte: (704) 563-1224 | Greensboro: (336) 856-1234 | Winston-Salem: (336) 245-4294 | High Point: (336) 294-5800 ... Once you file your bankruptcy, your attorney is required to mail a copy of your proposed ...

When do creditors start sending out statements again?

The cost of Chapter 13. Attorneys fees in Chapter 13 are usually paid in part before the case is filed, with the unpaid balance paid by the trustee from the payments the debtor makes into the plan. With the increase in attorneys fees for all bankruptcy proceedings necessitated by bankruptcy “reform” in 2005, Chapter 13 may be a way to pay ...

What happens after bankruptcy confirmation?

After confirmation, the trustee will begin paying the creditors listed in your Chapter 13 plan from the monthly payments you send in. It is crucial to the success of your case that you make timely and regular payments to the trustee.

Why would I get a bankruptcy letter?

A Notice of Bankruptcy informs you that you or your company may be owed money by a company that just filed bankruptcy (a debtor). Since you've been given notice, you're now expected to comply with the deadlines and restrictions imposed in bankruptcy.Oct 3, 2016

What can I expect at a bankruptcy confirmation hearing?

What happens at the confirmation hearing? The bankruptcy judge decides any disputes that cannot be worked out consensually. The judge also must approve any agreements or stipulations to resolve objections to your plan.

Can a creditor object to a Chapter 13 plan after confirmation?

The chapter 13 trustee may file an objection to the confirmation of an amended plan no later than fourteen (14) days from the date the amended plan is filed or five (5) days before the date set for the first confirmation hearing, whichever is earlier.

What debts are not dischargeable in Chapter 7?

Generally speaking, in a Chapter 7 proceeding, the following types of debts are not discharged:Debts that were not listed at the start of the case (or debts for unlisted creditors). ... Most student loans (unless repayment would cause the debtor and their dependents undue hardship)Recent federal, state, and local taxes.More items...•Apr 7, 2021

Can creditors collect after Chapter 7 is filed?

Once you file for bankruptcy, an automatic stay goes into effect. An automatic stay specifically states that creditors cannot contact you to collect debts after you've filed for bankruptcy. It protects you from harassing phone calls, emails, and letters.Feb 20, 2020

What is a confirmation plan?

Confirmed Plan means a Plan of Reorganization in the Proceedings, which Plan may provide for the reorganization or liquidation, in whole or in part, of the Debtors, setting forth, inter alia, the treatment of general unsecured creditors pursuant to such Plan, and with respect to which Plan a Final Order has been ...

What does trustee's objection to confirmation mean?

In a Chapter 13, an objection to confirmation is basically a written statement from the Chapter 13 Trustee or a creditor of the debtor that there is something wrong with the case that needs to be fixed before the confirmation hearing.

What is a doomsday order in bankruptcy?

Doomsday Orders provide that if the Debtor defaults on a requirement specified in the Order, the Trustee can file an Affidavit of Default (Trustee Grossman) or Certification of Default (Trustee Garcia), and the case will be dismissed.

How long does it take to confirm a Chapter 13 plan?

within 45 daysThe judge will hold a confirmation hearing within 45 days of the meeting of creditors. In this hearing, the judge will see if the repayment plan is in accordance with the rules in the Bankruptcy Code and if it is feasible. The creditors may be able to object to the confirmation.Apr 5, 2021

What happens after a Chapter 13 discharge?

A Chapter 13 Plan may modify an automobile lien and if the plan completes and you receive a discharge the debt will be gone and the car lienholder is obligated to release its lien upon discharge. In certain circumstances a Chapter 13 Plan and subsequent discharge may avoid a second or third mortgage lien.Dec 11, 2020

What happens after you pay off Chapter 13?

Once you finish your Chapter 13 repayment plan, the remaining 30 percent of your debt is discharged, meaning you won't have to repay that remaining debt. If you pay your Chapter 13 plan off early, you alter the agreed upon terms of your bankruptcy case.Jul 13, 2021

What happens at a confirmation hearing?

Below are the typical outcomes. Your plan is confirmed. If there are no problems with your plan and no parties object, or any objections are determined in your favor, your plan is confirmed.

What happens if you file Chapter 13?

If you file for Chapter 13 bankruptcy, the court will hold a confirmation hearing. This hearing is central to your Chapter 13 case because it is where the court decides whether to approve (or confirm) your proposed repayment plan. Once your plan is confirmed, your obligations going forward are reset and your creditors must accept your payments in ...

What is Chapter 13 bankruptcy?

A lot of different factors are involved. The papers you file with the court must show that you are using all of your disposable income (as calculated under the bankruptcy laws) to fund your plan.

What happens if you don't reach agreement?

If you are not able to reach agreement, the court may be able to determine some issues after hearing each party's concerns and considering the law. With other issues, the court may require that evidence, in the form of testimony, documents, or affidavits be presented.

Can you deduct Chapter 13 from paycheck?

Other than that, court procedures vary on the matters that will be heard at the same time as the confirmation hearing. The court may consider whether or not to require your Chapter 13 payment be deducted directly from your paycheck.

How are attorney fees paid in Chapter 13?

Attorneys fees in Chapter 13 are usually paid in part before the case is filed, with the unpaid balance paid by the trustee from the payments the debtor makes into the plan.

What are the requirements for Chapter 13?

While Chapter 13 practices vary widely from trusteeship to trusteeship, the requirements are few: make plan payments; don’t incur significant new debt without approval; and. keep current insurance on any asset that is collateral for a debt. The debtor can move or change jobs without restriction.

What is Chapter 13 practice?

Chapter 13 practice varies widely from district to district depending on the custom and attitudes of the local trustees and judges about what is “reasonable” and in “good faith”. A successful Chapter 13 case requires an experienced bankruptcy lawyer familiar with the prevailing judicial attitudes in the district and the myriad ...

What happens if a bankruptcy discharge is in place?

If the general bankruptcy discharge remains in place, it will eliminate all other dischargeable debts, thereby getting rid of any competition for the debtor's resources after the case ends.

What is a confirmation hearing in Chapter 13?

The Chapter 13 Confirmation Hearing. In Chapter 13 Bankruptcy, your repayment plan must be confirmed before it is permanent. Here's how the confirmation hearing works.

Who can file an objection to a repayment plan?

Everyone who might have a claim to repayment plan funds—called interested parties—will have a chance to review and decide if they agree with the repayment plan. A party who dislikes a provision of the plan can file an "objection" and the judge will decide the issue at the confirmation hearing.

What is the job of a Chapter 13 trustee?

Bankruptcy trustee. The Chapter 13 bankruptcy trustee 's job is to review the plan to make sure it complies with bankruptcy laws. This includes reviewing all of your income and expense documentation to determine if your plan payments are high enough and your creditors are getting adequate repayment. A bankruptcy trustee may object to your plan ...

How long does it take to file an adversary lawsuit?

A creditor (or the trustee) will have to file an adversary proceeding (a lawsuit) within 60 days of the date first set for the 341 meeting of creditors —the one court appearance all debtors must attend.

Can a creditor object to a bankruptcy?

For instance, a creditor can object to something filed by the debtor (the person who owes the debts), a course of action proposed by a bankruptcy trustee (the official tasked with managing the case), or even a position taken by the judge. Here are common things that might elicit an objection in a bankruptcy case:

What is Schedule J?

expenses the debtor claims on Schedule J. the amount the debtor proposes to pay the creditor. a trustee's motion to abandon the debtor's property (instead of selling it for the benefit of the creditors) the discharge (wiping out) of a particular debt. an uncollectible claim filed by another creditor, and.

THE REASON LENDERS STOP SENDING THE STATEMENTS AFTER BANKRUPTCY

When someone files for Chapter 7 bankruptcy or Chapter 13 bankruptcy, there is an injunction called the automatic stay which goes into place immediately.

Why do lenders take the automatic stay so seriously?

Mortgages, car lenders, and student loan servicers take the automatic stay very seriously.

CAN I GET THEM TO SEND THE STATEMENTS AGAIN?

Most creditors will start sending the statements again if your attorney sends a letter promising not to count the statements as a violation of the automatic stay.

HOW DO I MAKE MY PAYMENT WITHOUT A STATEMENT?

Many people are accustomed to using the statements both as a reminder to make the payments, and as a way to make the payment.

Conclusion

If you’re struggling to pay your bills because you no longer get a statement, why not Contact Us at 612.824.4357 and tell us how we can help you.