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 New Hampshire, as in all states, the process of confirming a Chapter 13 bankruptcy plan is governed by federal law under the Bankruptcy Code. After the meeting of creditors, also known as the 341 meeting, the bankruptcy judge is required to hold a confirmation hearing no later than 45 days later. During this hearing, the judge will determine whether the proposed repayment plan is feasible and meets the requirements for confirmation as outlined in the Bankruptcy Code. Creditors are given a 28-day notice of the confirmation hearing and have the right to object to the plan. Common objections include arguments that the payments proposed in the plan are less than what creditors 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. It is important for debtors to work with an attorney to ensure that their repayment plan addresses these potential objections and complies with the applicable legal requirements.