Is the 341 the same for a Chapter 13 or is it much different?

[dmc-2008]

Is the 341 the same for a Chapter 13 or is it much different?

[AngelinaCat]

Is the 341 the same for a Chapter 13 or is it much different?

I am not a Ch13 person, but from what I have read here, I do not believe that it is. There will be many of the same questions that you must answer, but don't know what they may be.

Search the boards for 'Confirmation Hearings', and I will do likewise. When I find something, I will most likely move your question and the resulting responses into a new thread of its own. I just want to warn you of that first. The title will also probably be changed.

[AngelinaCat]

I am still confused, but here are links to a couple of threads about the subject:

http://www.bkforum.com/showthread.php?48270-Proposed-Plan-vs-Actual-Confirmed-Plan&highlight=confirmation+chapter+13

http://www.bkforum.com/showthread.php?67430-Confused-over-order-of-things-in-a-Chapter-13-Help-a-newbie&highlight=confirmation+chapter+13

The full list of search hits that I found on this forum:

http://www.bkforum.com/search.php?searchid=1668884

The last is a PDF document that I found listing the Ch13 Confirmation Procedures:

http://www.cob.uscourts.gov/brooks/forms/SBB%20Chapter%2013%20Confirmation%20Procedures_03022010.pdf

I hope these help. Good wishes to you!

[LadyInTheRed]

A confirmation hearing is not the same as a 341. From what I've read of the Chap 7 341s, the Chap 13 341 is pretty much the same: less than five minutes of a few standard questions; maybe an extra question or two if something in your petition peeks the trustee's attention.

Debtors rarely attend the confirmation hearing. In some districts, if there is no objection to the plan, the plan gets confirmed without any hearing.

[AngelinaCat]

So from what I am understanding from your post, LITR, there are TWO different meetings--one being the 341 meeting, and then later on a meeting to Confirm the payment plan?

Is it also true that the Confirmation Hearing can take place MONTHS after the person has filed? Thanks for helping me to understand.

Thanks!

[LadyInTheRed]

So from what I am understanding from your post, LITR, there are TWO different meetings--one being the 341 meeting, and then later on a meeting to Confirm the payment plan?

Yes, they are two different events. The confirmation hearing isn't ever referred to has a meeting. The 341 meeting of creditors is not held before a judge. A confirmation hearing is held in front of the judge who makes a ruling to either confirm or not confirm the plan or the continue the hearing if there is some reason to do so.

Is it also true that the Confirmation Hearing can take place MONTHS after the person has filed? Thanks for helping me to understand.

I have read on BKforum about confirmation hearings taking place months after filing, but I don't think that is the norm. From one of the links you provided:

The Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) has
limited and accelerated the Court’s management of Chapter 13 cases. The initial confirmation
hearing on the Chapter 13 Plan of Reorganization “may be held not earlier than 20 days and not
later than 45 days after the date of the meeting of creditors under section 341(a), unless the court
determines that it would be in the best interests of the creditors and the estate to hold such
hearing at an earlier date and there is no objection to such earlier date.”

If the confirmation hearing is delayed beyond the 45 days, I am pretty sure it must be because there is some disagreement about the plan that the debtor and trustee are trying to work out, or they have both presented their arguments at the initial date set for the hearing and the judge continues the hearing because he wants to hear evidence.

Thanks!

Any time.

[AngelinaCat]

I am going to make this a 'sticky' so that later on others can refer to it.

[dmc-2008]

This is very informative! Thx