Hearings for a Chapter 13 Bankruptcy
There are different hearings that must be attended by the Debtor’s attorney when a Chapter 13 is filed. One of the first hearings that must be attending is the 341 hearing of meeting of Creditors. The hearing is conducted at the Chapter 13 Trustee’s office and is usually an all day process for the Debtor. It is only hearing that must be attended by every Debtor in every case.
After the 341 hearing, comes a pre-hearing for Confirmation and the Confirmation hearing. The Debtor does not need to attend the pre-hearing and rarely has to attend the Confirmation hearing. The pre-hearing is the time to try and resolve any objections to the confirmation so it doesn’t have to go before the Judge. The pre-hearings are conducted at the Trustee’s office and are attended by both Creditors Attorneys and Debtor Attorneys. If a Creditor objects to the Confirmation and fails to attend the pre-hearing, the Debtor can default the Creditor and the Creditor’s objection is basically denied. If the objection is not resolved, it must go before the Judge. If the objection goes before the Judge, the Debtor might have to attend the hearing depending on what the issue.
Most Creditor objections are filed because they are not getting paid the correct amount in the Chapter 13 bankruptcy, they disagree with the interest being paid, or they disagree with the value of a vehicle. The Trustee will also file objections based on different issues. The most common objections by the Trustee are based on feasibility or not enough being paid to unsecured creditors.
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