Massachusetts Post-Confirmation Amended Chapter 13 Plan

State:
Massachusetts
Control #:
MA-SKU-0146
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PDF
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Description

Post-Confirmation Amended Chapter 13 Plan

The Massachusetts Post-Confirmation Amended Chapter 13 Plan is a legal document that allows debtors to modify their previously-approved Chapter 13 repayment plan. This document is filed with the court after a Chapter 13 plan has been approved by the court. The amended plan allows the debtor to modify the terms of the original plan, including the length of the plan, the amount of payments, and the distributions of payments to creditors. The Massachusetts Post-Confirmation Amended Chapter 13 Plan can be used to extend the repayment period, reduce the amount of payments, or modify the distribution of payments to creditors. There are two types of Massachusetts Post-Confirmation Amended Chapter 13 Plan: the Minor Modification Plan and the Major Modification Plan. The Minor Modification Plan allows the debtor to make minor adjustments to their existing repayment plan, such as extending the length of the plan, reducing the amount of payments, or modifying the distribution of payments to creditors. The Major Modification Plan allows the debtor to make more substantial changes to their original plan, such as eliminating creditors, changing the repayment schedule, or changing the distribution of payments to creditors.

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FAQ

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.

An objection to confirmation is a response filed in a chapter 13 bankruptcy to an original or amended plan that is filed in the case. When you file a chapter 13 bankruptcy you fill out a petition, schedules and a number of related documents. These are really disclosure documents.

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.

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.

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 Chapter 13 confirmation hearing is a court proceeding at which a bankruptcy judge decides whether someone has sufficient income to qualify for Chapter 13 bankruptcy. At the confirmation hearing, the judge reviews the filer's proposed plan to repay creditors.

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.

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 .

More info

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. A tutorial on the effects of confirmation and how to amend the repayment plan after it has been confirmed.A plan cannot be modified after the "completion of payments. After you file your Chapter 13 case, you must begin making monthly plan payments to your bankruptcy trustee—even before confirmation (approval) of the plan. Because in chapter 13 (and chapter 12), any property acquired after the petition becomes property of the estate, at least until confirmation of a plan. The debtor confirmed a fiveyear chapter 13 plan paying all creditors in full. Foreman ("Debtor") seeks to amend the schedules in her Chapter 13 case to reflect her interest in a wrongful death claim that arose post-confirmation. Bankruptcy Rule 3019(b) establishes the procedure for post-confirmation modifications to a plan in an individual chapter 11 case. 6 Modification after Confirmation after BAPCPA. Debtor who has not completed all plan payments. 3.

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Massachusetts Post-Confirmation Amended Chapter 13 Plan