The Nebraska Appendix P Limited Motion to Modify Chapter 13 Plan after Confirmation is a legal document used by a debtor to make a request to modify a confirmed Chapter 13 Plan. This motion is filed after the confirmation of the original plan and is typically used to modify the payment amount or duration of the plan. The motion must be filed with the court and include a copy of the original plan, a proposed modified plan, and a statement of why the modification is necessary. The Nebraska Appendix P Limited Motion to Modify Chapter 13 Plan after Confirmation is divided into two types: the “Type A” modification and the “Type B” modification. The Type A modification is used to modify the payment amount or the plan duration, or both, without changing the distribution of funds between creditors. The Type B modification is used to change the distribution of funds to creditors while maintaining the payment amount and duration of the plan.
Nebraska Appendix P Limited Motion to Modify Chapter 13 Plan after Confirmation
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How to fill out Nebraska Appendix P Limited Motion To Modify Chapter 13 Plan After Confirmation?
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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 .
The debtor's attorney must file a motion with the bankruptcy court requesting a hearing to obtain permission from the bankruptcy judge to temporarily suspend the chapter 13 plan payments made by the debtor. The debtor must provide adequate reason to temporarily suspend the chapter 13 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.
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 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.
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.