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Bankruptcy

Chapter 13 bankruptcy—confirmation hearing

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 Utah, as in all states, the process of confirmation of a Chapter 13 bankruptcy plan 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 to determine whether the proposed 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 file objections to the plan. Common objections include arguments that the payments proposed under 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 to the repayment of debts over the three or five-year commitment period. The debtor must address these objections and demonstrate that the plan complies with the legal standards for confirmation.


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