How long does my trustee have to approve my payment plan? 10 Answers as of June 20, 2011

I filed Bankruptcy chapter 13 in April 2010 and I have been paying into my payment plan. The trustee has not approved my payment plan yet. How long does he have to approve it? Also I have a company that was not active at the time I filed but is not how will that affect my payment plans?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That varies in every Jurisdiction. I don't know where you are, but the time does not seem too long to me. Every court does it differently so you you have to consult with a local attorney. I'm not sure I understand your second question, you were supposed to list all of your debts. If you omitted one you need to file an amendment to your schedules.
Answer Applies to: California
Replied: 6/20/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
There is no proscribed time limit on the time confirmation can be withheld, especially if everything is still in flux, documents have not been provided, etc. Confirmation can be withheld for years in some cases.
Answer Applies to: Indiana
Replied: 6/20/2011
Lakelaw - Loop Bankruptcy
Lakelaw - Loop Bankruptcy | David Leibowitz
Getting your payment plan approved is up to you. If the trustee is not approving it, ask yourself why not. If the trustee is being unreasonable, you can ask the court for a hearing. The inactive company should not have much bearing on your case.
Answer Applies to: Illinois
Replied: 6/17/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
Until confirmation and can be continued after that if there are issues with your plan.
Answer Applies to: California
Replied: 6/17/2011
The Law Office of Brian Nomi
The Law Office of Brian Nomi | Brian H. Nomi
The trustee does not confirm plan payments, it's the court that confirms or rejects your plans. Without further information, I can't tell what is going on in your case, and why things are not going the way they are in your situation. For further information, its best to consult with an experienced attorney. Any good attorney will give you a free initial consultation.
Answer Applies to: California
Replied: 6/17/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    Trustees are really busy these days and often take a long time to get back with their opinions on the plan. If you are making more money now through you new business then your plan payments will increase. Also you should be filling out a monthly operative report for the business.
    Answer Applies to: Arizona
    Replied: 6/17/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Chapter 13 plans are routinely approved within 45 days or slightly longer. If your case has not been confirmed in over a year something is wrong. Also, if you have found out about other pre-existing creditors you need to list them.
    Answer Applies to: California
    Replied: 6/17/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    It sounds like you royally screwed up. When you file pro se without a lawyer it is almost a guarantee that your plan will not succeed and have problems. The fact that you do not even know that trustees do NOT approve plans, and asked what you asked, tells us how badly you messed up. Get a lawyer. You are in a mess. You cannot fix it. A lawyer MIGHT be able to. When you file a plan, the Trustee can recommend, or object, to confirmation. If he objects, your options are to fix the mistakes or argue before the judge and try to win confirmation. If you do the former, the trustee will recommend confirmation and judicial approval is pretty automatic. If you do the latter, maybe you win, and maybe your case gets dismissed. The fact that you did so little homework that you did not know something so basic is scary and it should terrify you. The consequence of a botched case can be dismissal, and loss of your property, and even an inability to refile. One other part of your post also tells us how badly you messed up. Your case was required to include all your debts (not just those that were bothering you). In omitting a debt, you actually committed a crime and gave another ground for dismissal. Usually, with counsel, you'd amend your schedules, and possibly your plan. You cannot afford at this point NOT to get a lawyer. Is it too late? Maybe. But you need one. A properly filed case will generally get confirmed in two or three months.
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    After your 341 meeting you should have submitted a proposed order confirming plan. You must submit this the trustee won't do it for you.
    Answer Applies to: California
    Replied: 6/17/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    The trustee does not have to approve the payment plan. It is approved by the court when it confirms your plan. If your case has not been confirmed after so long there must be some serious issues pending that you need to discuss with your attorney. In most districts your case would have been dismissed or the plan confirmed by now.
    Answer Applies to: California
    Replied: 6/17/2011
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