• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Offices of Stephen B. Kass, P.C.

New York Attorney Stephen B. Kass

(212) 843-0050

  • Home
  • About Us
    • Articles
    • Bankruptcy and Tax Information
    • Attorney Bios
  • Bankruptcy
    • Debt Negotiation
    • Tax Discharge in Bankruptcy
    • Consumer Bankruptcy
    • Chapter 11 Bankruptcy
    • Commercial Real Estate
    • Real Estate Finance
    • Real Estate Workouts
    • Real Estate Development
  • Tax Law
    • Tax Court Litigation
    • Installment Agreements
    • Financial and Tax Due Diligence
    • Offer In Compromise
    • Common Tax Problems and Solutions
    • Business Tax Problems
    • Like Kind Exchanges
    • Tax Discharges and Bankruptcy
  • Blog
  • Contact Us
    • Testimonials
    • In The Press
  • Home
  • About Us
    • Articles
    • Bankruptcy and Tax Information
    • Attorney Bios
  • Bankruptcy
    • Debt Negotiation
    • Tax Discharge in Bankruptcy
    • Consumer Bankruptcy
    • Chapter 11 Bankruptcy
    • Commercial Real Estate
    • Real Estate Finance
    • Real Estate Workouts
    • Real Estate Development
  • Tax Law
    • Tax Court Litigation
    • Installment Agreements
    • Financial and Tax Due Diligence
    • Offer In Compromise
    • Common Tax Problems and Solutions
    • Business Tax Problems
    • Like Kind Exchanges
    • Tax Discharges and Bankruptcy
  • Blog
  • Contact Us
    • Testimonials
    • In The Press
Call
Contact
Blog

September 13, 2011 By Stephen Kass

New York Chapter 13 Confirmation Hearing

In Chapter 13 bankruptcy, after the debtor attends a 341 creditors’ meeting, and the bankruptcy plan is filed, the next hearing is the confirmation hearing where the court approves the repayment plan if there are no creditor oppositions.

In most instances, the debtor is required to attend the confirmation hearing. The bankruptcy plan is reviewed by the court and Chapter 13 Trustee. The court usually listens to the recommendations of the Trustee. If the debtor fails to appear for the hearing, the judge can dismiss the case, or delay the confirmation.

The bankruptcy attorney for the debtor needs to present a repayment plan that protects debtor interests by making payments manageable, and ensures the plan will be confirmed by the court. Prior to attending a confirmation hearing, the debtor can review the calendars posted outside the courtroom or on the bankruptcy court website to learn the order the cases will be called. Several cases may be heard at the same time. All hearings are public.

A case may be put on one of three calendars: dismissal, uncontested, or contested. A dismissal usually occurs when a debtor does not file proper paperwork or answer objections from a Trustee. Uncontested means there are no objections from the Trustee or creditors to a repayment plan. Contested means there are objections to a plan. The lawyer analyzes the debtor’s income and expenses, and ensures the budget is not excessive or has frivolous expenses when coming up with a viable repayment plan.

The arguments of the objecting parties and the Trustee are heard by the judge. The judge confirms the plan, denies confirmation, or sets an evidentiary hearing on any dispute. There may be disputes on valuation, disposable income, or payments offered under the plan being less than what creditors would receive if the debtor’s assets are liquidated.

A confirmed plan binds the debtor and each creditor. If the court confirms a plan, the Chapter 13 Trustee distributes funds received under the plan. If the court declines to confirm, the debtor may modify a plan, or convert to a liquidation under Chapter 7. See 11 U.S.C. § 1323. 11 U.S.C. § 1307(a). If the court declines to confirm the plan or a modified plan, the court may dismiss a case, and authorize the Trustee to keep funds for costs according to 11 U.S.C. § 1326(a)(2).

After a debtor performs under a play, the court discharges the remaining debt, releasing the debtor from all debts disallowed. Creditors provided for in full or in part under the Chapter 13 plan may no longer collect from the debtor discharged obligations.
To learn more about what happens at a confirmation hearing, contact an experienced New York bankruptcy attorney.

Filed Under: Bankruptcy, Chapter 13

Primary Sidebar

Contact Us

Testimonials

I highly recommend using Steve Kass as an attorney. I had a serious issue with the IRS involving real property, a company I built and sold, and multiple years of taxes which were unfairly and incorrectly assigned to me and had been hanging over my head because my efforts to negotiate...

Sean

Mr. Kass and his professional office staff helped me through every step of the way which without his expert guidance would not have been successful. Mr. Kass was able to a access my situation quickly and advise me. I highly highly recommend making an appointment with Mr. Kass

Vivian

I consider myself very lucky to have found Stephen B. Kass last year. We were drowning in credit card debt and were on the verge of filing bankruptcy. Mr. Kass was able to negotiate with all of our creditors and reduce the balances SIGNIFICANTLY. Within one year we are debt free

Alexandra

Stephen and legal staff provided superb, accurate, and detailed financial analysis. Stephen has an exquisite knowledge of financial planning and tax law, and was able to make tailored, individualized recommendations that have helped me tremedously with regard to long-term financial planning and resolution of tax issues. Office staff are skilled

John

I had a great experience with Stephen Kass. He took legally complicated case from another attorney and resolved it. Years later, when his assistance was needed, he responded right away, remembering every detail of the case. He is an expert in his field and great person to work with.

Victor

Read More Testimonials

Categories

  • Bankruptcy
  • Bankruptcy News
  • Business Bankruptcy
  • Chapter 11
  • Chapter 13
  • Chapter 7
  • Foreclosure
  • Tax Issues
  • Uncategorized

Footer

Recent Articlas

  • Small Business Reorganization ACT (Subchapter 5 under Chapter 11)
  • Presumption of Abuse in Chapter 7 Bankruptcy
  • Civil and Criminal Tax Fraud in NYC
  • Tax Consequences of Foreclosure
  • Discharging Income and Non-Income Tax Debt

For Tax & Financial Matters

Law Offices of Stephen B. Kass, P.C.

7 Penn Plaza, Suite 830
New York, NY, 10001
United States (US)

Phone: (212) 843-0050
Fax: (212) 202-7681

Copyright © 2023 | Law Offices Of Stephen B. Kass, P.C. | All Rights Reserved