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Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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order for Motion for Consideration of order denying Confirmation

Customer Question

order for Motion for Consideration of order denying Confirmation of Chapter 13 Plan and dismissal of case. An order has just granted t been granted for this. Is it required or normal for the Creditor or only the attorney to attend. We fee the main reason that it was dismissed in the first placed is that the attorney missed the hearing and there wans another attorney that attend that we do not know or what was said . Our attorney will not acknowledged that another attorney was even there but we fount out from the bankruptcy offices. Our attorney mainly communicates by email and phone but refuses , neglects to answer very many of our questions although we know he receives them as we get a return receipt by email. If my wife appears is a good reason for her to as for reorganization is ti say in front of her attorney is that he did not attend the previous hearing and does not communicate with her?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

I am an attorney with 25+ years of legal experience and am working diligently on your answer while I await your response.

Please tell me:
What is the stated basis of the motion?
Did you attend the 341 and confirmation hearing?

Customer: replied 5 years ago.
Teh one that he missed was the order continuing and resechuding confirmation hearing and hearing on objections to conformations . Not sure what 341 is. she attended the first meeting and he missed the second april 21 and he was to fill an amended plan one month prior which we believe he failed to do
Expert:  Ellen replied 5 years ago.

So sorry to hear of your dilemma. I will strive to provide you with legal information to assist you. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

You will want to retain new counsel to attend the hearing on your behalf. Your new counsel may inform the court of your attorney's nonappearance and failure to represent you.

Your new attorney can request that the Court sanction your current attorney and order him to return all fees you have paid and can ask the court to grant a continuance so that your paperwork may be properly filed.
Ellen and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
I agree with you but finding an attorney that will pick it up may be another thing. One attorney told me he would sooner refile as its a dogs breakfast . But if we refiled we feel will lose the opportunity to strip the second mortgage because of changing values
Expert:  Ellen replied 5 years ago.
Usually the values for purposes of stripping the mortgage are determined as of the date of confirmation of the plan. Therefore do not see how a refiling would affect your ability to strip down the mortgage
Customer: replied 5 years ago.
Well we submitted appraisals when the bankruptcy was filed and I was under the impression that was the valuation date. Since then we have paid over $500 principle per month on the first mortgage and now it is less that the appraisal therefore not eligible for stripping now. Anyhow thats how I understand it
Expert:  Ellen replied 5 years ago.
The appraisals that you submitted at the time the bankruptcy was filed would likely have been used for the confirmation hearing had you had not experienced so many delays -- the confirmation hearing typically takes place about 45 days after filing
Customer: replied 5 years ago.
I think the first delay of of confirmation was the trustees of over a year and then it was our attorney. What a mess. The worse part is our attorney will not discuss or answer any of these questions. Agaon I ask Does the creditor have to appear at this hearing or just the attorney . I am interviewing two attornies this week.
Expert:  Ellen replied 5 years ago.
both the debtor and the attorney must appear at the confirmation hearing

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