A creditors meeting (a.k.a., 341 meeting) is part of section 341 of the Bankruptcy Code. The purpose of this meeting is to examine your financial position and confirm the facts that you and your bankruptcy attorney stated when you filed for bankruptcy.
Favorable vs. Unfavorable Recommendation
At the end of your 341 meeting, your Chapter 13 bankruptcy Trustee will issue a recommendation. If it’s favorable, you won’t need to take any further action regarding your Chapter 13 bankruptcy. However, if it’s unfavorable,you’ll be told what actions you need to take to remedy the situation (e.g., have certain assets appraised, provide evidential documentation, and provide proof of income).This will occur via text messages since the court has deemed this the most efficient means of communication.
Dealing with Unusual Claims
Now, it’s time to deal with unusual or objectionable claims. To do so, your bankruptcy attorney will file the appropriate objections (e.g., attorney’s fees that exceed what a bankruptcy judge deems reasonable).
Money Owed to the IRS
When a debtor owes the IRS money and proof of claim hasn’t been filed, you must contact them. Either your bankruptcy attorney or the government must file this on the debtor’s behalf.
Unfiled Tax Claims
Once the IRS claims are filed, they may state that you have unfiled tax returns. You’ll want to make sure that your bankruptcy attorney files all tax returns.You’re responsible for providing your attorney with all your tax returns. Once they receive them with your signature, they’ll be forwarded to the IRS’s bankruptcy department.
Prior Bankruptcy Proceedings
If you’ve filed for bankruptcy in the past, these proceedings may result in a stay due to the statute of dischargeability. When this happens, you may need to wait longer before the court will deem any of your new debts dischargeable in a new bankruptcy filing. This period won’t only represent the duration of your prior bankruptcy, but you must also wait for an additional punitive period.
The Second Confirmation Hearing
Two things will determine how long it takes for the second confirmation hearing to be scheduled: the judge who oversees your second confirmation hearing and your case’s complexity. Hopefully, your case will be confirmed at this meeting. If not, you’ll be subject to a third confirmation hearing, and if that doesn’t work in your favor, your case will be dismissed.
Unconfirmed Chapter 13 Bankruptcy Plans
When your Chapter 13 bankruptcy can’t be confirmed at your second confirmation hearing (90 – 120 days after you’ve filed for bankruptcy),a third will be scheduled. Typically, this happens 30 – 90 days after your second confirmation hearing (120 – 150 days after you file your Chapter 13 bankruptcy). If it still can’t be confirmed, the case may be dismissed, and either you or your bankruptcy attorney may be subject to sanctions. To avoid this, you should file an amended plan reflecting an increase in your monthly plan payment. If your confirmation process extends for more than 120 days, you’ll need to pay the Trustee a predetermined amount. However, your Chapter 13 bankruptcy amount may dramaticallyincrease to make up for the months when you paid less.
Getting Help Working Through the Process
The Weller Legal Group in Tampa, FL,is a highly reputable law firm that specializes in various areas of law, including personal injury, criminal defense, and family law. With a team of experienced bankruptcy attorneys, they’re dedicated to providing exceptional legal representation and achieving favorable outcomes for their clients. Their commitment to excellence and client satisfaction has earned them a strong reputation in the Tampa Bay area and will be a benefit to your case, so make sure to contact them right away.