No later than 45 days after the meeting of creditors, the bankruptcy judge must hold a confirmation hearing and decide whether the plan is feasible and meets the standards for confirmation set forth in the Bankruptcy Code. Creditors will receive 28 days' notice of the hearing and may object to confirmation.
While a variety of objections may be made, the most frequent ones are that payments offered under the plan are less than creditors would receive if the debtor's assets were liquidated or that the debtor's plan does not commit all of the debtor's projected disposable income for the three or five year applicable commitment period.
In Illinois, as in other states, the bankruptcy process is governed by federal law, specifically the Bankruptcy Code. After a debtor files for bankruptcy under Chapter 13, a meeting of creditors is conducted. Following this meeting, the bankruptcy judge is required to hold a confirmation hearing no later than 45 days later. During this hearing, the judge must determine whether the debtor's repayment plan is feasible and satisfies the requirements for confirmation under the Bankruptcy Code. Creditors are given a 28-day notice of the confirmation hearing and have the right to object to the plan's confirmation. Common objections raised by creditors include arguments that the plan provides less payment than what would be received if the debtor's assets were liquidated, or that the plan does not allocate all of the debtor's projected disposable income over the three or five-year commitment period required by the plan. It is important for debtors to carefully construct their repayment plans to address these potential objections and meet the Bankruptcy Code's standards for confirmation.