Once you have attended your 341 Hearing, that is typically the last hearing you as a Debtor will have to attend. However, your attorney must attend one final very important hearing called the Confirmation Hearing. The Confirmation hearing is in essence the final stamp of approval if you will on your Chapter 13 Plan by the Judge.
While you typically do not have to appear in Court for the Confirmation Hearing, like I stated above your attorney most definitely has to appear. Behind the scenes, your attorney is or should have been working to correct any known issue that was brought up by the Trustee at your 341 Hearing. But other issues are still prone to arise and the Trustee’s office will file an objection (issues or problems they have with your case) with the Court roughly 10 to 14 days in advance of your Confirmation Hearing. Your attorney will review the Trustee’s objection to see exactly what further needs to be filed with the Court to correct the Trustee’s issues. Thus, your attorney will more than likely need to contact you for the information needed to make those corrections or answer any questions the Trustee has with your case if they do not already have it in your file.
At Bond & Botes, we meet with you on numerous occasions because we want you to feel comfortable with us and also to allow you to get the pain and suffering off your chest. When you retain us, we will give you a packet of materials that must be filled out in order for us to know as much about you and your case as possible. It is very detailed and leaves almost no stone unturned. Buried in that paperwork is usually the answer to any question or issue the Trustee might have with your case.
Even with the very detailed paperwork we obtain from you, questions still sometimes arise and therefore it is very important that we be able to get in touch with you to obtain that information. It is possible that if that information cannot be obtained, your case can be dismissed.
At Bond & Botes, we will take every step possible to keep your case active and correct any issue that arises in your case. We have gone so far on numerous occasions as to drive to a client’s home to obtain an answer from a client whose telephone number had been disconnected in order to save that client’s case from dismissal.
In any event, once the information is obtained and the documents successfully filed with the Court, the Trustee will file to withdraw their objection and recommend your case to be Confirmed by the Judge. Therefore, when we appear for you at your Confirmation Hearing, the Judge Orders your case Confirmed rather than dismissed.
At Bond & Botes, we not only try to have everything you need to complete your case at your fingertips to make this difficult time for you as easy and stress free as possible, but also to have as much information as necessary from you at our fingertips to make your case successful.
If you are struggling to pay credit cards, medical bills or personal loans, not to mention your mortgage and vehicle loans, please call one of our conveniently located offices at Bond & Botes to set up a private consultation with one of our experienced attorneys.
We will analyze your situation and help you make the best decision possible to help you navigate your financial problems.
Grant McNutt is a Managing Attorney at the Bond & Botes Law Offices in Florence and Haleyville, Alabama. He holds a Bachelor of Science from the University of Alabama, and a Juris Doctorate from the Birmingham School of Law. He has been practicing Consumer Bankruptcy Law since 1999. Read his full bio here.