Preliminary and final confirmation hearing?

[Tailspun368]

I have been reading this forum for a while and now I have my first question We filed last month, our 341 meeting is this month, and confirmation hearing scheduled in June. I asked our lawyer if we need to be present at the Confirmation Hearing and she said no, not at this one because this is the preliminary hearing but we will be required to attend the Final Confirmation Hearing. In all my research this is the first time I've heard of a preliminary and final confirmation hearing. I know that the judge can require a follow up confirmation hearing if additional information is needed from the first one. But this sounds like it's set in stone that we will for sure have at least 2. Anyone else have experience with this?

[justbroke]

Tailspun368 how the Confirmation Hearing process works is certainly confusing as it is different among the different Bankruptcy Districts throughout the country. Your State, New Mexico, appears to behave the same as Florida.

The Bankruptcy Code requires the bankruptcy court conduct a confirmation hearing between 20 and 45 days after the first scheduled 341 Meeting. In some Districts, the court will confirm the case even with things outstanding such as claims (claims are generally due within 90 days after the first schedule 341 Meeting), governmental claims (180 days after first schedule 341 Meeting), lien strips, valuations motions, and other court business. This could make it difficult since anything after the plan is "confirmed" requires a "plan modification" which is a separate hearing.

In order to not confuse this situation many bankruptcy districts will hold an "initial" confirmation hearing. This hearing is typically on a "rocket docket" and every single one of them are "continued" to a continued confirmation hearing. In Florida, the continued confirmation hearing is always schedule AFTER the last date for governmental agencies to file a claim. This will typically be at least 5 months after the 341 Meeting. This allows the parties to litigate all the other issues which "could be determined prior to confirmation" so that the confirmation order is nice and clean!

So, I think you're lucky that confirmation is continued. The court will continue to "continue" the confirmation hearing until all the litigation is complete (including but not limited to the items I listed above). This makes the confirmation order nice and tidy and not subject to immediate modification.

Attendance at the final confirmation hearing is typical in Florida as well, but not mandatory if all the payments are up to date and there are no things that the court must "hear" as part of a "final evidentiary hearing" related to the items I listed earlier.

I hope that helps more than it hurts your brain!

[Tailspun368]

Awesome, thank you so much. It definitely helps!