Consumer Law Pro

Chapter 13 Confirmation Hearing

After a debtor files for chapter 13 bankruptcy, the court schedules a confirmation hearing. If there are no objections to the debtor’s proposed chapter 13 repayment plan, the court will vacate the hearing and confirm the chapter 13 plan without a hearing.

If there are objections to the plan, the originally scheduled confirmation hearing may not he held. If the debtor’s attorney files an amended chapter 13 plan to resolve the objections, the court will vacate the original hearing and schedule another hearing which will be held approximately 30 days after the amended plan is filed.

When an amended plan is filed, the trustee is given an objection deadline. If the trustee does not object, the plan will be confirmed without a hearing. The term ‘confirmation hearing’ is a misnomer. ┬áThese are more like status conferences. The parties are not discussing the merits of the plan.

If the debtor’s attorney does not file an amended plan to resolve objections to the plan, the court will use the confirmation hearing as a status and scheduling conference. During the status conference, the court will schedule an evidentiary/contested confirmation hearing. The contested hearing is similar to a bench trial. Each party will present their arguments and supporting evidence. Any disagreements will be resolved by the judge at the conclusion of the hearing.

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