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California Motion To Value Personal Property (8-1-2013 Model Chapter 13 Plan)

State:
California
Control #:
CA-SKU-5527
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PDF
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Description

Motion To Value Personal Property (8-1-2013 Model Chapter 13 Plan)

California Motion To Value Personal Property (8-1-2013 Model Chapter 13 Plan) is a legal document that allows a debtor to modify the value of certain personal property assets in order to reduce the amount of repayment to creditors in a Chapter 13 bankruptcy. The motion, which is usually filed with the court by the debtor's attorney, outlines the debtor's proposal for a revised value of the property and states the reasons for the proposed change. The motion must then be reviewed by the court and granted or denied. The 8-1-2013 Model Chapter 13 Plan is a version of the motion that was adopted by the California Judicial Council in 2013. It is designed to provide creditors with a standard form for filing a motion to value personal property in California. The form includes detailed instructions on how to complete the motion and the required documentation. The 8-1-2013 Model Chapter 13 Plan is divided into two parts. The first part outlines the debtor's proposed revised value of the property and includes details about the property, the reasons for the proposed value, and the proposed repayment plan. The second part is a certification of the debtor's financial situation and includes details such as the debtor's current income and expenses. The 8-1-2013 Model Chapter 13 Plan is the most current version of the motion and is used in all Chapter 13 bankruptcies in California. Other versions of the motion may be available in other states.

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FAQ

While it is possible to file a Chapter 13 bankruptcy on your own, it is often complex and challenging. Handling paperwork, understanding legal terminology, and meeting deadlines can be overwhelming. Many individuals find it beneficial to seek assistance from professionals or use platforms like uslegalforms to navigate the process smoothly. This ensures that your California Motion To Value Personal Property (8-1-2013 Model Chapter 13 Plan) is filed correctly and in compliance with all requirements.

Several factors can disqualify you from filing a Chapter 13 bankruptcy. If your unsecured debt exceeds the statutory limit, or if you fail to complete credit counseling, you may not qualify. Additionally, if you have filed for Chapter 13 in the past and did not complete your plan, that could impact your eligibility. For assistance in navigating the requirements of a California Motion To Value Personal Property (8-1-2013 Model Chapter 13 Plan), uslegalforms can offer valuable insight.

In a Chapter 13 plan, you may be required to allocate your disposable income toward repaying creditors. However, not all of your income is taken; you are allowed to keep a reasonable amount for living expenses. This distribution often depends on the specifics of your case, including your income and necessary expenses. For detailed guidance on how a California Motion To Value Personal Property (8-1-2013 Model Chapter 13 Plan) affects your disposable income, consider exploring resources from uslegalforms.

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.

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.

A Chapter 13 confirmation hearing determines whether the bankruptcy judge approves your Chapter 13 Plan. At the hearing, the bankruptcy judge will determine if your plan meets the requirements of Chapter 13. Confirmation is a big step in the Chapter 13 process.

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).

As part of the process, the debtor must submit a repayment plan for court approval. But other people with an interest in the bankruptcy case can also make their opinions known. The bankruptcy trustee assigned to the case and any of the creditors seeking repayment can file objections to the debtor's proposed plan.

You are missing required documents (such as tax returns). You are over the debt limit. You failed to disclose an asset. The proofs of claim filed in your case might be different from the creditors and amounts listed in your bankruptcy schedules.

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California Motion To Value Personal Property (8-1-2013 Model Chapter 13 Plan)