This hearing is typically scheduled between 21 to 50 days after the bankruptcy petition is filed. The hearing is conducted by the chapter 13 trustee assigned to the case. During the meeting of creditors debtors will answer basic questions from the trustee about their finances and the proposed terms of their plan. If a husband and wife file a joint petition, they must both attend the meeting of creditors. Your attorney from Cox Law Group PLLC attends your meeting of creditors with you and will assist you throughout the process in communicating with the trustee’s office.

No later than 45 days after the meeting of creditors (341 hearing), the bankruptcy court holds a confirmation hearing to decide whether the plan is feasible and meets the standards for confirmation set forth in the Bankruptcy Code. Creditors will receive notice of the hearing and may object to the confirmation. If the court confirms the plan, the chapter 13 trustee will distribute funds. If the court declines to confirm the plan, the debtor must file a modified plan. Our attorneys will work with the clients to get their plans confirmed, and approved by the court.

The bankruptcy law regarding the scope of the chapter 13 discharge is complex and is one of the primary reasons debtors should have legal representation prior to filing a case. In general, a chapter 13 debtor is entitled to a discharge upon completion of all payments under the chapter 13 plan as long as the debtor (1) certifies that all domestic support obligations that came due prior to making such certification have been paid; (2) has not received a discharge in a prior case filed within two years for a prior chapter 13 case and four years for a prior chapter 7, 11 or 12 case; and (3) has completed and approved course in financial management. Once entered, the discharge releases the debtor from all debts provided for by the plan.