Chapter 13 Bankruptcy Confirmation Hearing; Do I Need To Appear?

Confirmation hearings are a fundamental part of any Chapter 13 Bankruptcy.  They are the mechanism through which a proposed Chapter 13 plan becomes official, allowing the bankruptcy to proceed and opening the path towards the eventual bankruptcy discharge.  They occur any time that a new plan is proposed, and invariably follow a 341 hearing (also referred to as a first meeting of creditors) when the Chapter 13 bankruptcy is filed.  When notified of this hearing, many wonder whether it is something that they must attend, or whether the bankruptcy plan will be negotiated or modified by the parties involved when the hearing takes place.

The answer to the first question – whether someone who has filed bankruptcy must appear at their confirmation hearing – is virtually always no.  Anyone going through the bankruptcy process (who has retained an attorney for that purpose) should expect that any appearances necessary for confirmation of their Chapter 13 plan will be fulfilled by their attorney.  Beyond this however, most confirmation hearings proceed by default, meaning that no appearances are required (including by attorneys) for the plan to be confirmed. 

With regard to the second question - whether the plan will be debated or negotiated at this hearing – the answer is also typically no.  By the time that the confirmation hearing takes place, attorneys for all involved parties including the filer, the trustee, and any creditors that may have weighed in will all have had the chance to communicate with each other about the steps necessary to ensure that the plan is confirmed.  Any changes or modifications that will take place related to the plan will usually be debated and resolved during these conversations.  In rare circumstances where they are not and a confirmation hearing is contested, the filer’s attorney will appear on their behalf to represent their interests.  

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The confirmation hearing is critical to any successful Chapter 13 bankruptcy.  Beyond simply serving as the official mechanism through which a bankruptcy is able to progress and ultimately succeed, it also serves as a watershed moment that opens up a vast number of avenues concerning things such as taking on new loans and allowing payments held by the trustee to be disbursed to creditors.  Confirmation is a massive source of relief to anyone going through the bankruptcy process, and no one going through the bankruptcy process should have to worry about how their confirmation hearing will ultimately go.  At our firm, we pride ourselves on handling all elements of the confirmation process for you, and appearing on your behalf at the confirmation hearing, if necessary, is absolutely a part of that.  So, when the time is right, or when you are ready, please don’t hesitate to reach out to Minnesota’s most kind and helpful bankruptcy law firm by going now to www.lifebacklaw.com.