What happens at a confirmation hearing?

[andysmom]

Hi,
We haven't filed yet but getting ready to file a chapter 13 in the next month or 2; submitted paperwork to lawyer - had means test done- etc.... Just trying to time right due to being able to pay lawyer & put some time between the last charges on the cards.

I understand- thanks to this great forum- about a 341 meeting; but what happens at a confirmation? Is this something we attend? Why would a plan not be confirmed after a 341? and what happens if it's not confirmed?

Thanks again!

[justbroke]

Absolutely nothing happens at a Confirmation Hearing. It's a formality. Since you're represented by counsel, you don't even need attend.

(Here's what really happens. The Clerk of the Court call the case. The Trustee and your Attorney go to the podium. The Judge first asks the Trustee if the Debtor has been paying on time. The Trustee says "yes". Then the Judge asks the Trustee if it's okay to confirm. The Trustee says "yes". The case is confirmed. Yes, it takes seconds.)

[andysmom]

Thanks justbroke!
I saw alot of posts on here recently about plans not getting confirmed, and I'm starting to worry that whatever exact plan my lawyer puts together, well why wouldn't it be approved? Are there any certain reasons why it wouldn't be confirmed or anything I should worry about?
We're right over the median, shows positive dmi when means test is done but when the chapter 13 test is done it shows negative dmi (401k loan).
Lawyer says it's not a problem, but it's in my nature to worry.
Thanks in advance.

[justbroke]

I saw alot of posts on here recently about plans not getting confirmed, and I'm starting to worry that whatever exact plan my lawyer puts together, well why wouldn't it be approved?

Your attorney and you will know WELL in advance if there are issues that the Trustee has with your plan. You actually have time to take corrective action. Plans that don't get confirmed are because they are just not confirmable (due to infeasibility or the stubborn debtor who wants to keep everything though they can't afford it).

Are there any certain reasons why it wouldn't be confirmed or anything I should worry about?

See above. Nothing to worry about. If your attorney is comfortable, you should be okay.

If your lawyer says that you're good to go, then you're good to go. I will tell you one thing.

[SMinGA]

Email from my atty, when I asked him what would happen in regards to resolving objections after my 341 & the confirmation hearing:

"The parties rarely have to testify or participate in the Confirmation
Hearings...most are handled by agreement with the Trustee in pre-hearing
discussions. Then an announcement is made that the Trustee recommends that
the case be confirmed, reset or otherwise disposed of. And then you leave.

However, in the cases that do have remain matters to be heard by the judge,
you need to have both parties present even if they do not testify."

By 'both parties', he was answering whether or not both of us should attend. I was concerned about a spring break/mid-day confirmation hearing with no one to watch the kids. He said to bring them...