Chapter 13 bankruptcy cases in Los Angeles are reorganization cases wherein an individual, who has regular income, can propose a plan wherein he/she agrees to pay back at least some of the creditors. In this article, we discuss what to expect in a Chapter 13 Plan confirmation hearing. Chapter 13 bankruptcy cases are difficult to navigate for individuals not experienced in bankruptcy, and thus, we recommend that you contact a qualified Los Angeles Bankruptcy Attorney to assist with the filing of a Chapter 13 case.
A Short Summary of the Chapter 13 Bankruptcy Process in Los Angeles
The beginning of a Chapter 13 bankruptcy case is similar to a Chapter 7 case in the sense that in order to get both of these types of bankruptcy cases filed, a debtor is required to file a bankruptcy petition and schedules where all assets and debts are listed. However, in a Chapter 13 bankruptcy case in Los Angeles, the Debtor is also required to file with the Court a document called a “Plan of Reorganization” wherein the debtor proposes how he will pay back some, or all, of his/her creditors. Once the bankruptcy is commenced, the Court will choose a date (after the 341(a) meeting of creditors) where the debtor (or his attorney) need to appear before the Court for a plan confirmation hearing.
What Happens at the Chapter 13 Plan Confirmation Hearing in Los Angeles
The Plan confirmation hearing can take some time because there are many cases (anywhere between 30-120) that are heard on the same calendar scheduled for the same time. Our attorneys have spent anywhere from one (1) hour to five (5) hours in Chapter 13 plan confirmation hearings. While the hearing itself for your specific case may only last a few minutes, waiting for your turn-in-line can take some time.
During the plan confirmation bankruptcy hearing, the Debtor (or his/her attorney) will appear before the Judge. The trustee will also be present along with creditors (if any) and their attorneys who had objected to the Chapter 13 Plan. Normally, you would know what the creditor’s issues are, as they will file written objections before the plan confirmation hearing.
After hearing arguments by all sides, the Judge will decide to either confirm (or approve) the plan, deny confirmation, or order the debtor to return for a continued hearing after some issues are resolved.If the Court decides to confirm the Chapter 13 Plan, the Debtor would be bound to that Plan for the remainder of the case (3-5 years) and would only be able to modify that plan by way of a motion (and another hearing before the Court).
Want to Learn More About Chapter 13 Bankruptcy Cases in Los Angeles, Consult With a Los Angeles Bankruptcy Attorney Now!
If you or your loved one is considering bankruptcy, give us a call now. We would be happy to talk to you.
Call us now at (310) 444-9444 for a FREE CONSULTATION!