What happens at confirmation hearing?

[bjc]

Good morning!

Our confirmation hearing is next week and I'm starting to get a little nervous. What can we expect to happen? Do we need to bring anything with us? Will we be asked questions like at the 341?

Thanks in advance!!

[SMinGA2]

Check with your attorney - you may not need to attend. If the trustee is going to try and change something, your attorney will probably know in advance.

[mountanddo]

The trustee told me specifically not to attend the confirmation hearing.

[bjc]

We've been told all along that we'll need to attend. Haven't heard of any objections or issues at all. Well, other than one creditor wanted to be considered secured, but the trustee objected to that, so they remain unsecured. I will double check with our attorney to make sure we need to be there.

[kornellred]

If attendance at the confirmation hearing was mandatory, all Chapter 13 filers would be required to attend. Some filers might want to go out of curiosity, but I imagine that would put off the judge, trustees and attorneys, who would largely ignore you anyway.

Attendance is mandatory at the 341 meeting only.

[bjc]

Just an update, our attorney told us this morning that both my husband and I need to be at our confirmation. He said we do not need to bring anything with us. So, I'm not sure if it's a district thing, or what, but we are required to attend. I suppose it'll be interesting, at the very least, to see what happens. Trying not to be nervous...

[HHM]

Sounds like a district specific thing. (let's hope). Generally, if a debtor needs to attend a confirmation hearing, it is to offer testimony on some issue. But if your attorney is simply saying you need to attend, it sounds like a district specific formality.

Nothing much happens at the hearing, the case is called, the judge will read off the case citation, and the procedural history (e.g. This is the chapter 13 case filed by Mr and Mrs X, case number XXXXXX, filed on xxxx...blah blah blah), if there are any objections, ask if they were resolved and then enter a verbal order confirming the plan.

[bjc]

Thanks for your response. It helps so much to have some sort of idea about what will happen. Our atty told us at our very first consultation that we'd need to attend both the 341 and the confirmation hearing, so I'm thinking it's a requirement in our area, as opposed to a problem in our case. Even so, I'll be somewhat nervous until we're confirmed.

So it's much like the 341, when there are cases present at the same time? I really hate that!

[Mayo]

The only objection at my 341 was from the Car Loan Holder, they wanted me to show proof of insurance on the car that was to be included in the BK. I had to go out to my car 3 blocks away and go and get the insurance paper. I owed one credit card over 15K and I thought they would object, but none of them even showed up. The process is painless.

[justbroke]

It's so interesting how Districts vary; isn't it? In my District, the Trustee required that the Chapter 13 debtors present valid insurance documentation for all cars not surrendered. I would be quite disturbed having to run out the building and down the street to retrieve insurance documentation from my car. Wait, maybe that's perturbed.

The Confirmation Hearing is not like the 341 meeting. It is just as HHM describes. It's a very formal part of the process, but you'll see the activity in the courtroom is more informally formal. The Judge, after the case is read into the record, will ask the Trustee if there are any open objections, whether the debtor is "current' on their payments, and whether the Trustee approves the confirmation. There are usually just the Judge and courtroom staff, the Trustee and his/her assistants (or attorney), and debtor and creditor attorneys present. Hardly ever any debtors -- at least in Florida!

Then, just as HHM wrote, a verbal order confirming is granted. The Trustee will usually then write the order of confirmation and submit it to the court for signature. It took 4 weeks for me to get the signed order of confirmation for my case.