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Some common reasons creditors object to Chapter 13 plan confirmation include: Disagreement about the outstanding balance on the debt. Disagreement about the past-due amount. Objection to a ?cramdown? of an automobile loan. Disagreement about the classification of the debt.
A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.
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.
If you are considering filing for Chapter 13 bankruptcy, it is important to be aware that one or more creditors may object to your proposed repayment plan. However, if you are prepared to respond to their objections, you may be able to overcome them and continue with your bankruptcy case.
Some common reasons creditors object to Chapter 13 plan confirmation include: Disagreement about the outstanding balance on the debt. Disagreement about the past-due amount. Objection to a ?cramdown? of an automobile loan.
This bankruptcy form Notice of Objecton to Proof of Claim and Notice of Hearing and Objection to Claim can be used in Chapter 13 bankruptcy by a debtor's attorney to object to the proof of claim of a creditor who has overstated the amount due.
An objection to the confirmation of the amended plan must be filed no later than fourteen (14) days from the date the amended plan is filed or seven (7) days before the date set for the first confirmation hearing, whichever is earlier, and shall be made by motion setting forth the facts and legal arguments that give ...
This is where an experienced Chapter 13 bankruptcy lawyer can help. There are a number of reasons why a trustee might object to your repayment plan: Your payments exceed your income. Your plan doesn't have all of your disposable income going to unsecured creditors.