Colorado Sample Letter regarding Chapter 13 Plan
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FAQ
A Chapter 13 confirmation hearing determines whether the bankruptcy judge approves your Chapter 13 Plan. At the hearing, the bankruptcy judge will determine if your plan meets the requirements of Chapter 13. Confirmation is a big step in the Chapter 13 process.
If the court declines to confirm the plan or the modified plan and instead dismisses the case, the court may authorize the trustee to keep some funds for costs, but the trustee must return all remaining funds to the debtor (other than funds already disbursed or due to creditors). 11 U.S.C. § 1326(a)(2).
If you have a dismissed Chapter 13 case, you might be able to re-file under Chapter 7 as long as you're under the income limits. You'll also want to make sure that available bankruptcy exemptions protect all of your property since that's not typically an issue in Chapter 13.
Some common reasons creditors object to Chapter 13 plan confirmation include: Disagreement about the outstanding balance on the debt. Disagreement about the past-due amount. Objection to a ?cramdown? of an automobile loan.
In a Chapter 13, an objection to confirmation is basically a written statement from the Chapter 13 Trustee or a creditor of the debtor that there is something wrong with the case that needs to be fixed before the confirmation hearing.
Chapter 13 Plan Confirmation Requirements Whether your plan is practical in terms of making the required payments on time. Whether unsecured creditors will get at least the amount they would have gotten had you filed a Chapter 7 bankruptcy.
In a Chapter 13, an objection to confirmation is basically a written statement from the Chapter 13 Trustee or a creditor of the debtor that there is something wrong with the case that needs to be fixed before the confirmation hearing.
