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 North Carolina, as in all states, the process of confirmation of a debtor's repayment plan in a Chapter 13 bankruptcy is governed by federal law under the Bankruptcy Code. No later than 45 days after the meeting of creditors, also known as the 341 meeting, the bankruptcy judge is required to conduct a confirmation hearing. During this hearing, the judge will determine whether the proposed repayment plan is feasible and satisfies the requirements for confirmation according to the Bankruptcy Code. Creditors are given a 28-day notice prior to the hearing and have the right to object to the plan's confirmation. Common objections raised by creditors include arguments that the payments proposed under the plan are less than what 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 over the three or five-year commitment period required for the plan. It is important for debtors to work with an attorney to ensure that their repayment plan addresses these potential objections and meets the necessary legal standards for confirmation.