MasConcepts Incorporated

I was denied my confirmation of my CH 13 plan on January 6th because my trustee wanted double what my budget and actual expenses said I could afford. My attorney and I have been trying to work with the trustee in every way possible but he just was not budging no matter how hard we showed him and did the math for him and everything. So my attorney and I decided to let the confirmation get denied and not pursue anything else. When I had originally filed I was in one sate and have moved to another state since the filing and I’m hoping I can file here but here is where the situation is getting messy. I was told we have 14 days from the denial to wait for the court to dismiss the case and for me to refile in the new state. Well on the 15th day, the case still hasn’t been dismissed and on PACER it still shows as awaiting confirmation hearing and awaiting discharge. I was also told that because my case wasn’t confirmed all the money paid into the plan will be returned back to me by the chapter 13 trustee. When I check in on NDC it shows OPEN-ACTIVE for the status of the case.

Since my attorney hasn’t gotten paid by me or the plan yet, he’s been very non-responsive/slow to respond to me so I’m hesitant to reach out and see what we can do to speed these steps up. Do we know how long it should take for a case to get updated and dismissed? What should I reasonably expect for a timeframe for the trustee to close out their side and send me the $6K I’ve paid into the plan? I know right now I’m still protected by the automatic stay that’s in place, but I’m a very inpatient person and it’s driving me crazy that hasn’t updated. I know the CH 13 trustee didn’t like me very much because how I responded to some of his stupid question in the several 341 meetings we had and I’m sure he’s purposely going to drag his feet, but there has to be some sort of timeline he needs to get this back to me or to do what he needs to do on his side.

Anyone ever experience this?