New Jersey Chapter 13 Plan and Motions

State:
New Jersey
Control #:
NJ-SKU-0039
Format:
PDF
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Description

Chapter 13 Plan and Motions The New Jersey Chapter 13 Plan and Motions provide debtors with the means to restructure their debt and establish a repayment plan. This is done through the filing of a petition, schedules, and a proposed repayment plan. The petition must include detailed information on the debtor’s financial situation, assets, and liabilities. The debtor must also provide proof of income and expenses to determine the amount they can afford to pay on a monthly basis. After filing, the debtor must attend a meeting of creditors to make sure that all creditors are listed and to answer any questions. Once the petition is approved by the court, the debtor must make payments as outlined in the repayment plan to their creditors. In order to modify the repayment plan, the debtor must file a motion. There are three types of motions that can be filed with the court: a Modification of the Plan Motion, a Conversion Motion, and a Dismissal Motion. A Modification of the Plan Motion is used when the debtor wishes to change any part of the repayment plan, such as the amount of payments, the interest rate, or the duration of the plan. A Conversion Motion can be filed if the debtor can no longer afford to make their payments or wishes to convert their Chapter 13 bankruptcy to a Chapter 7 bankruptcy. Finally, a Dismissal Motion can be filed if the debtor wishes to dismiss their bankruptcy case altogether. In New Jersey, the Chapter 13 Plan and Motions provide debtors with options to modify their repayment plans and seek relief from their creditors.

The New Jersey Chapter 13 Plan and Motions provide debtors with the means to restructure their debt and establish a repayment plan. This is done through the filing of a petition, schedules, and a proposed repayment plan. The petition must include detailed information on the debtor’s financial situation, assets, and liabilities. The debtor must also provide proof of income and expenses to determine the amount they can afford to pay on a monthly basis. After filing, the debtor must attend a meeting of creditors to make sure that all creditors are listed and to answer any questions. Once the petition is approved by the court, the debtor must make payments as outlined in the repayment plan to their creditors. In order to modify the repayment plan, the debtor must file a motion. There are three types of motions that can be filed with the court: a Modification of the Plan Motion, a Conversion Motion, and a Dismissal Motion. A Modification of the Plan Motion is used when the debtor wishes to change any part of the repayment plan, such as the amount of payments, the interest rate, or the duration of the plan. A Conversion Motion can be filed if the debtor can no longer afford to make their payments or wishes to convert their Chapter 13 bankruptcy to a Chapter 7 bankruptcy. Finally, a Dismissal Motion can be filed if the debtor wishes to dismiss their bankruptcy case altogether. In New Jersey, the Chapter 13 Plan and Motions provide debtors with options to modify their repayment plans and seek relief from their creditors.

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New Jersey Chapter 13 Plan and Motions