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Bankruptcy Confirmation


Bankruptcy Confirmation

The bankruptcy court will schedule a confirmation hearing for Chapter 13 Bankruptcy cases no earlier than 20 days and no later than 45 days after the creditor's 341 meeting (unless the estate and creditors request it and no objection is filed) (11 USC § 1324(b). Creditors are given 25 days notice of the hearing.

The confirmation hearing is held before the bankruptcy judge who reviews the bankruptcy repayment schedule, determines if it is realistic and if it adheres to the standards and codes outlined in the United States Bankruptcy Code. At the bankruptcy confirmation hearing the court has the legal authority to accept or reject the bankruptcy repayment plan. All parties including the creditors and debtors are also questioned under oath about the bankruptcy repayment schedule and the Bankruptcy Petition.

Creditors may offer a variety of common objections, but the most common are the creditor's complaints that they will receive less under the repayment schedule than they would receive if the debtor's assets were liquidated.

If the court accepts the Chapter 13 Bankruptcy plan the trustee must distribute the funds under the plan "as soon as is practicable." If the plan is not confirmed, it can be modified, or in some cases the case may be converted to a Chapter 7 Bankruptcy case.


More Help on Bankruptcy Confirmation

  • 341 Meeting - The meeting of creditors, which is also commonly referred to as the 341 Meeting, allows the creditors, the trustee and the United States Trustee to question the debtor under oath. - read more

  • Bankruptcy Code - The United States constitution outlined in Article I, Section 8, gave the right of Congress to establish \"uniform laws on the subject of bankruptcies.\" - read more

  • Bankruptcy Petition - The bankruptcy petition is an official form filed by the person who wants to begin the Bankruptcy process. - read more

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The two most common consumer bankruptcies are Chapter 7 and Chapter 13, our sponsoring lawyers handle these types exclusively so you can be sure you are getting accurate legal advice when you file bankruptcy. Our Bankruptcy attorneys will fight to protect your rights and your property, fight the aggressive and annoying creditors for you, and they can help you keep your home, vehicles and other property.

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