Do I have to go to a modification hearing? 13 Answers as of September 12, 2014

I have been in a Chapter 13 bankruptcy plan for nearly 2 years now. I recently had an increase in income to which my attorneys have submitted a modification of the plan to the court which would increase my payment from $100 per month to $250 per month. I'm fine with this and feel good about being able to contribute more to my plan but I had a question. I looked on Pacer and the judge has already signed the wage order for my employer to deduct the $250 per month from my paycheck. In the original motion, there's a mention of a hearing on 10/1/14 at 10:00am. My attorneys said that most likely I will not need to attend the hearing as they do not see a problem with the modification and the trustee has not objected the plan modification as well the judge has already signed the wage order. In the event that I do need to show up for the hearing, what should I expect? I've only been to court once for my 341 meeting which was a heavy question and answer session by the trustee which went off well. I'm a little bit nervous potentially having to go to court and am not sure on what might come up. Again, my attorneys said that so far I won't need to show up, but in the event that I do I'd like to be prepared for what the judge or trustee may ask. Any thoughts on this?

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EDWARD P RUSSELL | EDWARD P RUSSELL
Your attorney has already answered your question.
Answer Applies to: Minnesota
Replied: 9/12/2014
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
If your attorney told you that you don't need to go, then don't go. That is what you are paying them to represent you for!
Answer Applies to: Michigan
Replied: 9/12/2014
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
You do not need to attend. You may attend if you wish.
Answer Applies to: Nevada
Replied: 9/12/2014
D.J. Rausa, Attorney at Law | D.J. Rausa
Trust your attorney's guidance. The trustee nor the Court is going to ask you any questions.
Answer Applies to: California
Replied: 9/12/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Even if the hearing remains on calendar and appearances are not excused (it sounds like your attorney is saying that appearances are being excused) only your attorney needs to attend. There is no reason for a represented debtor to show up. Unlike the 341 hearing your personal attendance is not required. If you go anyway you will most likely just sit there the entire time. Follow what your attorney says because each district/Judge may have slightly different ways of handling hearing so if your attorney says you don't have to go then don't bother going. If they tell you to go, they are in the best position to tell you what to expect at the hearing having been in front of that Judge before.
Answer Applies to: California
Replied: 9/12/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You do not need to attend. This is routine. Listen to your lawyer.
    Answer Applies to: California
    Replied: 9/12/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    No thoughts except trust the attorney who represents you or fire that one and retain another. No one on the internet can give you better advise than the attorney who knows, and is living your case.
    Answer Applies to: Michigan
    Replied: 9/12/2014
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    It sounds like your attorneys are giving you good advice and can better inform you what to expect better than any attorney that is not familiar with your entire case. All these questions are best answered by your present attorneys any others would be merely speculating.
    Answer Applies to: Michigan
    Replied: 9/12/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    The hearing would be in front of the judge and if they did, which they probably would not, then you are not really expected to talk. If anything, a judge may ask to confirm your ability to pay and your salary increase.
    Answer Applies to: New York
    Replied: 9/12/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Most Chapter 13 hearings do not require the presence of the debtor, so I would expect that if you did attend, the judge would simply want to know that you understand and agree to the terms of the modification. Otherwise, the court will assume that your lawyer advised you & is acting in your best interests.
    Answer Applies to: Nevada
    Replied: 9/12/2014
    Ronald K. Nims LLC | Ronald K. Nims
    If the trustee hasn't objected, can see no point to the hearing. I would agree with your attorney that at this point, you don't need to show up.
    Answer Applies to: Ohio
    Replied: 9/12/2014
    Barnhart Law Office
    Barnhart Law Office | Bruce C Barnhart
    A hearing on a motion to modify Plan is generally an evidentiary hearing without live testimony. The evidence is in the form of affidavits and documents such as tax returns and wage advices. You or your attorney request a live testimony hearing. Whichever it may be, you will need to work closely with your attorney to achieve a good result.
    Answer Applies to: Nebraska
    Replied: 9/12/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    These are questions for your attorney. Each judge handles their matters differently; your attorney will know what to expect.
    Answer Applies to: California
    Replied: 9/12/2014
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