A Kentucky Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan is a court order issued by a bankruptcy court in Kentucky to set the time for creditors to object to a proposed modification of a confirmed Chapter 13 bankruptcy plan. The order is required when a debtor files a motion to modify a confirmed Chapter 13 plan and creditors must be given the opportunity to object to the proposed changes. There are two types of Kentucky Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan: (1) an Interim Order and (2) a Final Order. The Interim Order is issued by the court soon after the debtor files the motion to modify the confirmed Chapter 13 plan, and it sets the deadline for creditors to file objections to the proposed changes. The Final Order is issued by the court after all objections have been heard and the court has ruled on the modification. The Final Order sets the effective date of the modified plan and all other details related to the modification.
Kentucky Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan
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FAQ
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.
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.
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.
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.
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.
In a Chapter 13, an objection to confirmation is basically a written statement from the Chapter 13 Trustee or a creditor of the debtor that there is something wrong with the case that needs to be fixed before the confirmation hearing.
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.
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.