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 Maine, as in all states, the bankruptcy process is governed by federal law, specifically the U.S. Bankruptcy Code. After a debtor files for bankruptcy under Chapter 13, a meeting of creditors is held. No later than 45 days after this meeting, the bankruptcy judge is required to conduct a confirmation hearing to determine whether the debtor's repayment plan is feasible and satisfies the requirements of 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 include arguments that the plan provides less payment to creditors than they would receive if the debtor's assets were liquidated, or that the plan does not allocate all of the debtor's projected disposable income to the repayment plan over the three or five-year commitment period. The confirmation hearing is a critical step in the Chapter 13 process, as it ultimately decides whether the repayment plan will be approved and implemented.