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Indiana Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan

State:
Indiana
Control #:
IN-B-2310B
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PDF
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Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan

Indiana Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan is a document generated by the court that sets a deadline for any objections to a proposed modification of a Chapter 13 Bankruptcy plan. This document also states the date and time set for a hearing about the proposed modification. There are two types of Indiana Order Fixing Time to Object to a Proposed Modification of Confirmed Chapter 13 Plan: an Order Fixing Time to Object to Confirmation of Chapter 13 Plan, and an Order Fixing Time to Object to a Proposed Modification of Confirmed Chapter 13 Plan. The Order Fixing Time to Object to Confirmation of Chapter 13 Plan sets a deadline for objections to the confirmation of a debtor’s Chapter 13 plan, while the Order Fixing Time to Object to a Proposed Modification of Confirmed Chapter 13 Plan sets a deadline for objections to the proposed modification of a confirmed Chapter 13 plan. In both cases, the document also sets the date and time of the hearing for the objections.

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FAQ

Once your repayment plan gets confirmed, you must continue to make timely payments to the bankruptcy trustee each month for the duration of your plan. You must also continue to make payments on debts, such as your mortgage or car payment, which you proposed to pay outside of bankruptcy.

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 .

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.

A motion to modify a confirmed Chapter 13 plan (also called a motion to amend confirmed plan) is filed typically by the debtor, but these motions can also be filed by the trustee or a creditor with an allowed, unsecured proof of claim. 11 U.S.C. § 1329.

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.

LBR 3015-1(n) provides the procedure for a debtor to ask the court for permission to modify the chapter 13 plan after the plan was confirmed. FRBP 3015(h) provides that a debtor must give at least 21-days of notice of the deadline to file an objection to modifying a confirmed chapter 13 plan.

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.

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.

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Indiana Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan