District of Columbia Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan - B 231B

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This form is an order fixing the time to object to a proposed modification of a confirmed chapter 13 plan. Any objection to the proposed modification must be filed and served on the debtor, the trustee, the United States trustee, and all the creditors.

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FAQ

During a confirmation hearing, the judge will either approve or reject a filer's proposed plan and hear any objections. A bankruptcy trustee might object to a repayment plan because they are concerned that the proposed payments are not adequate under bankruptcy laws.

The debtor doesn't have sufficient income to make good on the promises to the creditors. In some cases, a creditor might assert that the plan has been offered in bad faith. A creditor (or class of creditors) is being short-changed ? The plan unfairly favors some creditors and disadvantages others.

Modification after confirmation. The court and the trustee will ask you to explain why you need to change your plan payments and provide proof of your changed circumstances (such as a job loss or a reduction in income). If satisfied, the court will order a new plan payment for the duration of your case.

This bankruptcy form Notice of Objecton to Proof of Claim and Notice of Hearing and Objection to Claim can be used in Chapter 13 bankruptcy by a debtor's attorney to object to the proof of claim of a creditor who has overstated the amount due.

The chapter 13 trustee may file an objection to the confirmation of an amended plan no later than fourteen (14) days from the date the amended plan is filed or five (5) days before the date set for the first confirmation hearing, whichever is earlier. (e) First Chapter 13 Confirmation Hearings.

Any Chapter 13 debtor who receives an objection to confirmation should first take a deep breath and relax. Then, they should pick up the phone and call their bankruptcy attorney and ask for an explanation of the objections. In the vast majority of cases, the objections can easily be fixed.

If the court declines to confirm the plan or the modified plan and instead dismisses the case, the court may authorize the trustee to keep some funds for costs, but the trustee must return all remaining funds to the debtor (other than funds already disbursed or due to creditors).

If a creditor objects to your repayment plan, you will have an opportunity to respond to the objection. If you are able to overcome the objection, then your repayment plan will be approved, and you can proceed with your bankruptcy case.

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District of Columbia Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan - B 231B