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Judge Riblet Post-Confirmation Status Conferences
Fortunately, I do not have any first-hand knowledge of this area in front
of Judge Riblet. Since I have pursued cases in front of her and obtained
Chapter 11 confirmation, I know she can be quite strict sometimes and if
she thinks the non-performance is due to complacency or lack of diligence,
I am sure she would dismiss or convert the case. I had some potential
clients in my office a couple of weeks ago with this situation, but in
front of Judge Sandra Klein, and Judge Klein dismissed the case with a
180-day bar. If the non-performance was caused by something that could not
have been predicted, you should file before the status conference a motion
to modify the plan (since the standards are not as stringent in individual
cases as in corporate cases) based on unexpected circumstances at least to
start later. If the plan default can be cured, the debtor should perform
as much as possible and explain why the debtor defaulted and by when it
will cure.
Fortunately, I do not have any first-hand knowledge of this area in front of Judge Riblet. Since I have pursued cases in front of her and obtained Chapter 11 confirmation, I know she can be quite strict sometimes and if she thinks the non-performance is due to complacency or lack of diligence, I am sure she would dismiss or convert the case. I had some potential clients in my office a couple of weeks ago with this situation, but in front of Judge Sandra Klein, and Judge Klein dismissed the case with a 180-day bar. If the non-performance was caused by something that could not have been predicted, you should file before the status conference a motion to modify the plan (since the standards are not as stringent in individual cases as in corporate cases) based on unexpected circumstances at least to start later. If the plan default can be cured, the debtor should perform as much as possible and explain why the debtor defaulted and by when it will cure.
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