After you file a petition for Chapter 13 bankruptcy and create a repayment plan with assistance from your lawyer, a trustee will schedule a 341 Meeting of Creditors. The purpose of this meeting is for your creditors to voice any objections they have to the plan. Plus, here they can clarify any terms of the debt relief repayment agreement they may not understand.
In most cases, the bankruptcy trustee addresses and resolves creditor objections before the end of the hearing. The current trustees for the Northern District of Georgia Bankruptcy Court are Adam M. Goodman, Mary Ida Townson, and Nancy J. Whaley. We would be happy to provide you with contact information for the trustee assigned to your case. Keep in mind that trustees must remain partial and do not represent you as a client. You need to meet with Chapter 13 lawyers separately to discuss legal representation.
Why You Need a Chapter 13 Bankruptcy Attorney to Handle Creditor Objections
One or more of your creditors may object to the plan to the point where the bankruptcy judge will need to make a ruling. Some of the most common reasons for creditor objections include:
- Requiring additional proof of income
- Proof of payments that take priority over theirs such as mortgage and student loan accounts
- Challenging the deductions Georgia law allows for means-testing
- Repaying your secured and unsecured debts in as little time as possible
You may receive a letter entitled Objections to Confirmations that could suggest the dismissal of your bankruptcy case. However, it rarely means that bankruptcy will not proceed as expected. This letter only informs you that some creditors have raised objections and that a bankruptcy judge will hear and rule on them. As a debtor in a bankruptcy Chapter 13 case, you have the legal right to retain a Chapter 13 bankruptcy lawyer to assist you with this process.
The benefit of hiring a Chapter 13 attorney is that you have someone available to assist you with locating supporting documentation such as business dealings, proof of additional income, and mortgage or student loan payments you have made since your bankruptcy filing. Your Chapter 13 bankruptcy attorney will also handle all creditor objections at this hearing.
The Final Confirmation Hearing
This hearing is the final step in a bankruptcy judge approving your repayment plan. Since the bankruptcy court heard and resolved creditor objections earlier, the judge will most likely approve your case at the final confirmation hearing. Your attendance at this hearing is voluntary assuming your creditors resolved all issues with the bankruptcy judge at the last session. You must remain current on the proposed payments upon the filing of your Chapter 13 bankruptcy with the Northern District of Georgia Bankruptcy Court.
Contact CMC Law for a Free Chapter 13 Bankruptcy Evaluation
Your first step in determining if you qualify to file bankruptcy Chapter 13 in Georgia is to contact us to schedule an initial consultation. We will present you with the means test and other paperwork to determine if you can legally pursue this debt reorganization option. Our bankruptcy attorneys will also advise you on whether it is your best option at this time.
Don’t let any more wasted time go by without legal counsel in filing bankruptcy. Get started working with the bankruptcy experts at CMC Law today.