Featured News 2013 Confirmation Hearings in Chapter 13 Bankruptcies

Confirmation Hearings in Chapter 13 Bankruptcies

If you file for a Chapter 13 bankruptcy, then your repayment plan must be confirmed by the bankruptcy court before it can be finalized. Until the confirmation hearing, creditors have the right to dispute your repayment plan and argue that you should revise it. In this Chapter 13 process, you will first need to file your repayment plant.

After the filing, all interested parties have the right to review the documents and decide whether or not they agree with the choices that you have made. Some creditors may have a problem with your plan, or be concerned that you won't be able to fulfill the terms of the repayment plan. When a party disapproves of the repayment strategy then he or she can dispute it. A judge will create a solution to the objection and present it at the confirmation hearing.

Sometimes, bankruptcy trustees may review your case and look at your income and expense documentation. The trustee will then decide if your payments are high enough and if your creditors are getting the reimbursement that they deserve. A bankruptcy trustee may object to your plan if he or she believes that you need to pay more creditors more money. Also, if the trustee is skeptical that you can keep to the agreements of the plan, then this may cause him or her to dispute it.

Creditors also have the right to object to a Chapter 13 repayment blueprint if they decide that they are not getting paid enough. Most often mortgage companies or car lenders will dispute the plans, and will want to attend the confirmation hearing and seek more money from the debtor. A judge will be able to negotiate between creditors and debtors and arrive at a solution that satisfies almost every party involved.

This all happens at the confirmation hearing. All bankruptcy debtors and objecting parties will convene and explain to a judge why their version of the repayment strategy should be chosen. It is essential that you bring a bankruptcy lawyer to this confirmation hearing to advocate on your behalf. A judge may have questions regarding your repayment plant even if there is no objection.

Some issues may involve legal principals, and others will revolve around how much a creditor deserves in payment. Most judges will want to have multiple confirmation hearings in order to hash out the plan and arrive at a satisfying solution. A judge may even appoint an evidentiary hearing in some circumstances. This is a hearing where you will be able to present evidence that supports your version of the repayment plan.

Most courts and judges have their own version of a confirmation hearing and may even have their own rules regarding how the court appointment will look. You will probably need to attend the courthouse where you filed your bankruptcy documents. In some districts, you will not need to attend the bankruptcy hearing if you have an attorney who can attend for you. Some districts may not hold a confirmation hearing unless there is an objection, and other district courts may request your presence so that the judge can ask you important questions. You will want to communicate closely with your courthouse and have your attorney help to negotiate through the options regarding your bankruptcy schedules.

Your confirmation hearing will probably take place a few hours after your meeting with creditors. Some courts won't schedule the confirmation hearing until the creditor and debtor meetings are done. Most states require that the hearing takes place within 45 days of meeting with your creditors. In order to complete a successful Chapter 13 bankruptcy, you will want an attorney on your side. A bankruptcy lawyer can attend court appointments in your place and advocate for your benefit when there are arguments and disputes.

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