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 South Carolina, as in all states, the process of confirming a 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 within 45 days. During this hearing, the judge will determine whether the proposed repayment plan is feasible and satisfies the requirements of 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 plan provides less payment than what would be received through liquidation of the debtor's assets, or that the plan fails to allocate all of the debtor's projected disposable income over the three or five-year commitment period, depending on the type of bankruptcy filed. It is important for debtors to carefully craft their repayment plans to address these potential objections and comply with the Bankruptcy Code to increase the likelihood of plan confirmation.