Whether you’re searching for a Chapter 13 bankruptcy attorney in Rockville, Maryland, or you simply need some general information about a Chapter 13 confirmation hearing, we can help.
When you file for Chapter 13 bankruptcy, you begin a process that typically takes between three and five years to complete—and it involves you proposing a plan to repay some (or all) of your creditors.
Your repayment plan must be confirmed by the bankruptcy court before it can be finalized. (The two courts that accept these types of filings in Maryland are located in Greenbelt and Baltimore.) Before it’s finalized, your creditors can object to its terms.
What is a Chapter 13 Confirmation Hearing?
A Chapter 13 confirmation hearing gives all interested parties (your creditors) a chance to review your repayment plan and decide whether they believe it’s fair. If a creditor or the bankruptcy trustee assigned to your case has a problem with your repayment plan, they can object to its confirmation.
If someone objects to your repayment plan, the judge will decide what’s fair at your confirmation hearing.
What Happens at a Chapter 13 Confirmation Hearing?
The hearing involves you and any objecting parties. Objectors can explain to the judge why their own version of the plan should be confirmed. Sometimes the judge will wait until your attorney and your creditors have worked to settle your disagreements before making a final decision, which requires you to go back to court for another hearing.
There may not be any objectors, but the judge might have questions about your plan. If that’s the case in your situation, you and your attorney will provide answers and the judge will rule.
Objections at the Confirmation Hearing
Either your creditors or the trustee can object to the confirmation.
Why Would a Creditor Object?
If the creditor’s representative feels the amount you’ve agreed to pay isn’t enough, he or she may object to your repayment plan. In many cases, mortgage lenders and vehicle lenders object when they feel a plan won’t cover how much you owed or, in the case of vehicle lenders, when they disagree with your estimate on how much the car is worth.
Why Would a Trustee Object?
The trustee’s job is to make sure your case is within the spectrum of existing bankruptcy laws. He or she will review all your income and expenses, then use that information to determine whether you plan to pay enough to adequately repay your creditors. If the trustee feels that you should pay more, or if your plan doesn’t seem like it makes sense (such as when you propose to pay more than you can reasonably afford).
Do You Need to Talk to a Maryland Chapter 13 Lawyer About Debt Relief?
If you’re thinking about filing Chapter 13 bankruptcy in Maryland, we can answer your questions and give you case-specific legal advice.
Call us at 301-933-2595 for a free bankruptcy consultation. Tell us what you’re going through and we’ll start developing a strategy that gets you the best possible outcome.