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Roger
Roger, Attorney
Category: Bankruptcy Law
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Is there a motion to delay confirmation pending adversary proceedings

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Is there a motion to delay confirmation pending adversary proceedings if those proceedings would affect the amount of money available within the estate?

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.

 

There's no form motion, but you can file a motion to continue the confirmation hearing until the resolution of the adversary proceeding.

 

The judge must then decide whether or not proceeding with a plan would be effected by an outcome in the adversary case. The judge may allow the confirmation to continue, but it an award is made to the debtor, the court can direct that the money be applied to the money owed under the plan and reduce the obligation - which would allow the plan to conclude earlier than expected. The judge would enter an order modifying the plan to evidence this payment.

Customer: replied 5 years ago.
Not to waste more of your time, but do you know any cases right off that this has been done? Thank you again for your time.
I haven't researched this for any reported decisions, but it is done quite frequently. In fact, I've done it probably 4-5 times this year.
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