Ennis, TX asked in Bankruptcy for Texas

Q: Ch 13 bnkrptcy received letter: motion to dismiss or in the alt. reduce attorney fees for failure to obtain confirmation

Confirmation has been denied. What does this even mean? Hearing is like 2 months away to motion to dismiss. Im not really understanding the reason or what is going on

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2 Lawyer Answers

A: The hearing is to determine whether the case should be dismissed bc the plan was not confirmed or whether your attorney’s fee should be reduce for failing to to submit a plan that can be confirmed.

James L. Arrasmith
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Answered

A: In a Chapter 13 bankruptcy case, receiving a motion to dismiss or alternatively reduce attorney fees due to failure to obtain confirmation can be concerning. Confirmation refers to the court approving your repayment plan. If confirmation is denied, it means the court has not approved your plan as it currently stands. This could be due to various reasons, such as the plan not meeting legal requirements or being deemed unfeasible.

The motion to dismiss suggests that the trustee or a creditor is asking the court to dismiss your bankruptcy case altogether due to the lack of an approved plan. The alternative motion to reduce attorney fees might be based on the argument that your attorney did not effectively assist in getting the plan confirmed.

The hearing scheduled two months away will address these motions. It's crucial to understand why your plan was not confirmed and what steps can be taken to address the issues raised. It's also important to discuss with your attorney the implications of this motion and the best course of action moving forward.

If you're not clear on the reasons for the denial of confirmation or the implications of this motion, it's important to seek clarification from your attorney. They should provide you with a clear explanation and guidance on how to proceed, including potentially modifying your repayment plan to meet the court's requirements.

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