The Florida Debtors Certificate of Compliance-Motion For Discharge-Deadline To Object (Chapter 13 Cases filed on or after 4-1-2016) is a document filed by a debtor in a Chapter 13 bankruptcy case in the state of Florida. This document is filed after a debtor has completed their Chapter 13 repayment plan and is seeking to obtain a discharge of their remaining unsecured debts. The Certificate of Compliance certifies that the debtor has complied with all the repayment plan requirements set forth in the bankruptcy case. The Motion for Discharge requests the court to approve the debtor’s discharge of their unsecured debts. The Deadline to Object is the date set by the court in which creditors have the opportunity to object to the debtor’s discharge of their unsecured debts. If no objections are filed by the deadline, the court will enter an order discharging those debts. There are two types of Florida Debtors Certificate of Compliance-Motion For Discharge-Deadline To Object (Chapter 13 Cases filed on or after 4-1-2016): the regular Certificate of Compliance-Motion For Discharge-Deadline To Object, and the Certificate of Compliance-Motion For Discharge-Deadline To Object in cases where the debtor is seeking to modify the repayment plan.
Florida Debtors Certificate of Compliance-Motion For Discharge-Deadline To Object (Chapter 13 Cases filed on or after 4-1-2016)
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How to fill out Florida Debtors Certificate Of Compliance-Motion For Discharge-Deadline To Object (Chapter 13 Cases Filed On Or After 4-1-2016)?
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FAQ
Chapter 13 cases may be dismissed for several reasons, including failure to make scheduled payments or non-compliance with court orders. If a debtor does not provide necessary documentation or fails to adhere to the Florida Debtors Certificate of Compliance-Motion For Discharge-Deadline To Object (Chapter 13 Cases filed on or after 4-1-2016), the court may dismiss the case. Staying informed and proactive can help avoid such dismissals.
Typically, creditors have a specific timeframe to object to discharge in Chapter 13 cases, often set by the court notice. Under the Florida Debtors Certificate of Compliance-Motion For Discharge-Deadline To Object (Chapter 13 Cases filed on or after 4-1-2016), this period usually extends to 60 days after the meeting of creditors. Debtors should be aware of this timeline to ensure their discharge is not challenged.
Yes, a court can dismiss a debtor's Chapter 13 petition based on bad faith, but it is not obligated to do so. If the debtor can still meet the requirements of a Chapter 13 plan, the court may allow the case to proceed despite perceived bad faith. However, ensuring adherence to the Florida Debtors Certificate of Compliance-Motion For Discharge-Deadline To Object (Chapter 13 Cases filed on or after 4-1-2016) is crucial to maintaining the petition.
A court may dismiss a debtor's Chapter 13 petition if the debtor fails to file required documents or fails to attend the meeting of creditors. Circumstances such as not making plan payments or failing to comply with the Florida Debtors Certificate of Compliance-Motion For Discharge-Deadline To Object (Chapter 13 Cases filed on or after 4-1-2016) can also lead to dismissal. It's essential for debtors to stay on top of court requirements and timelines to avoid dismissal.
The court may reject a debtor's Chapter 13 plan if it does not meet legal requirements, including the feasibility of the payment plan. If the debtor fails to comply with the Florida Debtors Certificate of Compliance-Motion For Discharge-Deadline To Object (Chapter 13 Cases filed on or after 4-1-2016), or if the plan does not address the rights of secured creditors, the court has grounds for rejection. Additionally, a plan that does not provide for the full payment of unsecured creditors may also face challenges.
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.
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. (3) Trustee's Objection in Minutes of Meeting of Creditors.
If a creditor objects to the chapter 13 plan, the bankruptcy judge will hold a hearing and make a ruling on how that creditor should be treated under the plan. All of the objections and debtor's requirements need to happen before the confirmation of the chapter 13 plan.
Unlike chapter 7, creditors do not have standing to object to the discharge of a chapter 12 or chapter 13 debtor. Creditors can object to confirmation of the repayment plan, but cannot object to the discharge if the debtor has completed making plan payments.