District of Columbia Sample Letter regarding Chapter 13 Plan
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How to fill out Sample Letter Regarding Chapter 13 Plan?
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FAQ
An order confirming the chapter 13 plan is a Bankruptcy judge's approval of the Debtor's proposed chapter 13 repayment plan. For more information, see 11 U.S.C. §1325 .
Chapter 13 Plan Confirmation Requirements Whether your plan is practical in terms of making the required payments on time. Whether unsecured creditors will get at least the amount they would have gotten had you filed a Chapter 7 bankruptcy.
The Plan. Plans are typically extensions or compositions?that is, they extend the time to pay what is owing, or they are agreements among creditors each to accept something less than the full amount owed (so that all get something). Under Chapter 13, the stretch-out period is three to five three years.
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.
Some common reasons creditors object to Chapter 13 plan confirmation include: Disagreement about the outstanding balance on the debt. Disagreement about the past-due amount. Objection to a ?cramdown? of an automobile loan.
At the confirmation hearing, the judge reviews the filer's proposed plan to repay creditors. The plan is "proposed" because it isn't accepted automatically. Someone can object to it if it appears a creditor isn't getting paid the right amount.
If the court confirms the plan, the chapter 13 trustee will distribute funds received under the plan "as soon as is practicable." 11 U.S.C. § 1326(a)(2). If the court declines to confirm the plan, the debtor may file a modified plan.
The Trustee may file other notices that a case is not feasible. If you are close to making the final payments on your plan and the case is still not feasible, the Trustee will file a motion asking to dismiss the case because it will not pay creditors in the manner required by the plan.
