The Mississippi Notice of Filing Chapter 13 Plan (effective 12/1/2017) is a document filed by a debtor in a Chapter 13 bankruptcy case in the state of Mississippi. It is used to inform the court and creditors of the debtor’s proposed plan of repayment and the specifics of the filing. The Notice of Filing includes the debtor’s name, address, case number, plan number, the three- to five-year payment plan, and information about the proposed payments. The Notice of Filing is typically filed with a bankruptcy petition, or after the petition has been filed. There are two types of Mississippi Notice of Filing Chapter 13 Plan (effective 12/1/2017): the original Notice of Filing and the Supplemental Notice of Filing. The original Notice of Filing must be filed within 45 days of filing the bankruptcy petition. The Supplemental Notice of Filing must be filed when the debtor proposes a modification to the repayment plan.
Mississippi Notice of Filing Chapter 13 Plan(effective 12/1/2017)
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FAQ
If the court declines to confirm the plan, the debtor may file a modified plan. 11 U.S.C. § 1323. The debtor may also convert the case to a liquidation case under chapter 7. (4) 11 U.S.C. § 1307(a).
An objection to the confirmation of a chapter 13 plan shall be made by motion setting forth the facts and legal arguments that give rise to the objection in sufficient detail to allow the debtor to file a reply or an amended plan that addresses the objection.
Possible objections to Chapter 13 bankruptcy plans Lack of good faith ? Creditors are entitled to receive at least as much in a Chapter 13 as they would if the debtor had filed a Chapter 7 liquidation.Inaccurate listing of debt ? The plan must list the debtor's full amount of unsecured debt.
In a Chapter 13, an objection to confirmation is basically a written statement from the Chapter 13 Trustee or a creditor of the debtor that there is something wrong with the case that needs to be fixed before the confirmation hearing.
The trustee might object because they believe you do not have enough income to fund your bankruptcy plan. This is known as a feasability objection and it might require you to make payments for several months before the trustee is satisfied you can handle the payment in the case.
Objections must be filed within 21 days after the conclusion of the 341 meeting. Plan can be confirmed without further notice or hearing absent timely objections.
