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Illinois Order allowing Compensation For Representation Of Chapter 13 Debtor

State:
Illinois
Control #:
IL-23A
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Description

Order allowing Compensation For Representation Of Chapter 13 Debtor

Illinois Order Allowing Compensation For Representation Of Chapter 13 Debtor is a court-issued order authorizing the attorney representing a Chapter 13 debtor in a bankruptcy case to receive payment for their services. This order is issued by the Bankruptcy Court in the district where the bankruptcy case is being heard. There are two types of Illinois Order Allowing Compensation For Representation Of Chapter 13 Debtor: (1) an interim order which is issued after the petition is filed and before the confirmation hearing; and (2) a final order which is issued after the confirmation hearing. The order will specify the amount of compensation the attorney will receive and the payment schedule, if applicable. The order also requires the debtor to sign a consent to the order and a copy of the order must be provided to all creditors in the case.

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FAQ

Answer. If your income goes down during your Chapter 13 bankruptcy and you can no longer afford your monthly plan payment, you can ask the court to modify your Chapter 13 repayment plan and reduce your payment amount.

If you filed for bankruptcy to avoid foreclosure or are behind in house payments, your Chapter 13 plan payment could be more or less $1500 per month. Additionally, high income, high debt Chapter 13 filers would usually be required to make payments between $2000 and $3000, or even more.

Many low-income filers have little or no nonexempt property, and no disposable income left after paying their bills and expenses. If you are in this situation, your plan can propose to pay off only your required debts, making no payments on your unsecured debt.

A Secured Debt is Paid Off The chapter 13 repayment amount is largely influenced by the debts you have and the income you receive. Major changes to either factor could cause your payment to increase. If you own a home or a vehicle, paying it off means that you have more disposable income each month.

This chapter of the Bankruptcy Code provides for adjustment of debts of an individual with regular income. Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.

Creditors in bankruptcy cases have debts paid either by waiting for a distribution from the estate (unsecured creditors), by reclaiming property from the bankruptcy estate (secured creditors), or by obtaining a judgment that the debt is not dischargeable.

With confirmed Chapter 13 plans, you can ask the court to reduce your monthly payment amounts by filing a motion.

If your Chapter 13 plan payment is too high, you can sometimes get it lowered if you encounter a reduction in household income. If your income reduces, you are many times also allowed to reduce your plan payment. This is accomplished usually by filing a Motion to Modify your Chapter 13 plan.

More info

Allowance of fees and expenses greater than amounts specified in paragraph. The debtors filed their Chapter 13 case on May 7, 2018.The United States Bankruptcy Code states that the Chapter 13 Trustee is to charge an expense and compensation sum to cases. In order to be paid, the creditor must file a claim with the bankruptcy clerk or have the judge enter an order approving payment of money to the creditor. Give it to them. The creditor may retain its lien and be paid the full amount of its secured claim in equal monthly payments under the plan. 3. In Chapter 13, the debtor has authority and responsibility for prosecuting and resolving estate claims. In addition, a creditor may obtain an Order from the Bankruptcy Court allowing the filing of a claim beyond the 90 or 180‐day period in certain circumstances. In general, a Chapter 13 plan must pay priority claims in full. Make your plan payments to the Chapter 13 Trustee on time.

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Illinois Order allowing Compensation For Representation Of Chapter 13 Debtor