Monday, August 13, 2012

What is a "Confirmation Hearing" and what happens at my Chapter 13 Confirmation Hearing in Oregon?

Every Chapter 13 case in Oregon has what is called a "Confirmation Hearing" set. This hearing is typically set about 60-90 days after the Chapter 13 is filed.

In Oregon confirmation hearings are scheduled in the Courtroom of the Bankruptcy Judge that was assigned to the case. There are typically several hearings all set for the same time.  The hearings go by very fast and the Judge calls each case, normally in order by their case number.

If all objections have been resolved between the Trustee, the Creditors and the Debtor the Judge will normally sign a Confirmation Order and enter it on the case docket that day. This means that the chapter 13 case has become binding on the creditors in the case and they are unable to object to the Debtor's Plan.

Unlike the initial 341(a) hearing (where all debtors must appear), debtors normally do not need to attend the confirmation hearing that is set in their case. Usually only the attorney needs to appear.  Sometimes the Judge will Order the Debtor to appear at the hearing. This normally happens if the Debtor has filed multiple bankruptcies in the past.  However, it is rare for a debtor to need to go to the confirmation hearing. If you are in Chapter 13 that is not yet confirmed and you are not sure if you need to appear for your hearing, you should contact your attorney.

If the case is not ready to be confirmed the Judge will usually set a new hearing called an "adjourned confirmation hearing" anywhere from 2-4 weeks away. This will give the parties more time to work out a settlement on any pending issues that are holding up confirmation of the plan.

For more Oregon chapter 7 and chapter 13 information visit www.pacificbankruptcy.com.