How to Get Your Case Confirmed in Chapter 13 Bankruptcy
by
Nicole Carson on May. 19, 2019
Summary: This guide will provide the critical information that you need to be successful in your Chapter 13 case.
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Submitting Documents
You must submit all documents to the court in the time frame subscribed by law. Typical documents inclue the credit counseling certificate,petition, schedules, chapter 13 plan, paystubs, tax returns, and personal financial management certificate. If you fail to provide these documents to the court, your case could be dismissed. Please contact your local court for deadlines. Additionally, most courts mail you a statement of deadlines in your case. The documents in bankruptcy can be difficult to navigate and may require you to hire an experienced attorney. -
Court Appearances
There are mandatory court appearances in chapter 13 bankruptcy. You will receive notice from the court as to your hearing date and time. Mark it on your calendar! Show up on time and present the appropriate ID such as driver's license and social security card. This is how the trustee will verify your identity. If you have a conflict with your court date, you may be able to request a continuance from the court. Usually, this must be done in writing and must be submitted prior to your actual court date. Keep in mind that you must have a good reason for not be able to make it to court. The most common hearings you will encounter in chapter13 include the 341 Meeting of Creditors and the Confirmation Hearing. -
Payment to the Trustee
You must make monthly payments to the Trustee assigned to your case. The first payment is due 30 days from the date your case is filed. Depending on your plan, you may be required to make payments directly to the Trustee or they may be payroll deducted. If you fail to make your payments in a timely matter, your case could be dismissed. Don't let this happen to you. If you mail any payments to the Trustee, always provide your case number on the correspondence. Keep all receipts of any payments that you make to the Trustee. In order for your case to be confirmed you must be 100% funded. This means that at the time of confirmation, you must have made all payments that have come due since your case was filed. -
Curing the Trustee's objections
After you attend the 341 Hearing, you will receive a written list of the objections form the Trustee in your case. These are issues in your case that you must resolve prior to Trustee recommending confirmation of your case to the judge. Once you receive the objections act quickly! You may have to submit documents, gather evdience, file affidavits, order tax transcripts, etc. Additionally, you may have to amend your bankruptcy schedules and/or chapter 13 plan to cure the Trustee's objections.
