What to Expect: Southern District of New York Bankruptcy Court- Chapter 13 Confirmation Hearing.

The Southern District of New York Bankruptcy Court is regal, the proceedings are formal, and the process a bit intimidating if you are not one of the Court’s regulars.  So, we are taking the liberty to provide a few tips, whether you are pro se or an attorney regarding what to expect at a Chapter 13 Confirmation Hearing in the Southern District of New York.  It is important to know, however, that each Judge and each district varies in their procedure. 

First, outside of the Courtroom is a list of the cases on the Court’s “calendar” or schedule.  Find your case by name or Case Number.   The information written next to your Case is what the Court has listed as the purpose of your appearance.  For example, it may read: “Chapter 13 Confirmation Hearing:” 

Inside the Courtroom, the Judge will take the bench, and the Trustee will sit at a table in front of the bench.  When your case is called, if you are pro se you approach the podium, if you are an attorney,  approach the podium and have the client sit at the table opposite of the Trustee.  You will likely hear other cases preceding your own and should follow suit.  

Your introduction should include a few components:

1)     Greeting to the Court: “Good morning/afternoon your honor, [your name], for the debtor (if you are the attorney)”

2)     The purpose of your appearance: “This is the [first/second/etc…] time on for the Chapter 13 Confirmation hearing for debtor, [name of debtor]”

3)     Whether it is ready for confirmation or not, in which case you are requesting an adjournment AND:

a.      The reason it is ready for confirmation: explain briefly the situation of the Debtor, what percentage of the debt the payment plan covers, and whether the debtor is current with payments to the Trustee pursuant to the Plan.  If not, assure the Court that the debtor undertakes to pay the Trustee, now or after the hearing. 

b.     The reason it is not ready for confirmation: Explain why you are requesting the adjournment.  For example, you have just received the

4)     The Judge will then ask the Trustee if he/she wants to add anything.  The Trustee will advise the Court of whether or not payments from the Debtor are current, and any other issues that exist, as well as whether the Trustee will recommend confirmation of the Plan, a dismissal of the case, or adjournment. 

5)     If the Trustee advises dismissal of the case and the Judge approves, ask that it be dismissed without prejudice so that the Debtor may refile in the future. 

Other Chapter 13 tips:

1) In the Southern District, you must file an Affidavit or, if you are an attorney, an Affirmation of Service stating that the Plan has been served on all of the creditors at least 31 days before the Confirmation hearing.

2) In the Southern and Eastern District, you must make sure that the Trustee receives the signed petition and schedules, appraisals of real property, past 2 years tax returns, pay stubs from the 60 days prior to filing and any other requested documents at least 2 weeks before the 341 hearing.