Indiana Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 12 Plan - B 231A

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This form is an order fixing the time to object to a proposed modification of a confirmed chapter 12 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

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.

The Chapter 12 process provides family farmers and fishermen with an opportunity to reorganize in a manner that is tailored to fit their circumstances better than Chapters 11 or 13. Chapter 11 reorganizations are ideally suited for large companies with strong existing management or for sole proprietorships.

Chapter 12 is designed for "family farmers" or "family fishermen" with "regular annual income." It enables financially distressed family farmers and fishermen to propose and carry out a plan to repay all or part of their debts.

An unsecured creditor with a nonpriority claim must be paid at least as much as the creditor would have received had the debtor filed under Chapter 7, and the payments need not be in cash. Nonpriority claims may be paid in cash, property, or securities of the debtor or the successor to the debtor under the plan.

In a Chapter 11 case in which the debtor is not an individual, a request for post confirmation modification must be made prior to substantial consummation of the plan. A modification is effective only if the court, after notice and a hearing, confirms the plan as modified.

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.

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Indiana Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 12 Plan - B 231A