The chapter 13 meeting of creditors is really no different than the chapter 7 meeting of creditors although there may be more issues to discuss because of the plan. There are more steps when you file a chapter 13 plan, but the meeting of creditors is similar.
One of the steps in a chapter 13 filing that you may be confusing with the meeting of creditors is the confirmation hearing on the chapter 13 plan. That is a hearing that is held in a courtroom. Often, however, if the chapter 13 trustee recommends confirmation of your plan, you may not have to attend the confirmation hearing.
When you file a chapter 13, you need to submit a proposed plan and make your first plan payment 30 days after filing. Sometimes that’s before the meeting of creditors, it’s before anyone’s talked about your plan. So, you come up with the plan that has to meet your particular circumstances and the requirements of the law. You submit that plan and the chapter 13 trustee looks at that plan and in Oakland, the chapter 13 trustee is a woman so I’m going to use that pronoun. She and her staff look at the plan, and if they find that it meets the law and that you have made the payments required under your circumstances in the law, they’ll recommend confirmation and you do not, as the debtor, have to go to a confirmation hearing.
On the other hand, if there’s something in your plan that maybe is a little more out of the ordinary and the trustee doesn’t like it but you still think it’s a good plan and your attorney still thinks it’s a good plan, you can go into court to the confirmation hearing and make your case to the judge. The judge will decide whether the trustee is right in not recommending confirmation or whether you’re right in advocating for confirmation. If the plan is confirmed, away you go. If the plan’s not confirmed, then you have to keep working on it till you can come up with a plan that is confirmable and meets all the requirements of the law under your circumstances.
For more information on Chapter 13 Meeting of Creditors a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (510) 594-2551 today.