The New Jersey Order Regarding Chapter 13 Standing Trustees Motion to Dismiss Or Certification of Default is a court order issued by the United States Bankruptcy Court for the District of New Jersey. It outlines the procedure for a Chapter 13 Standing Trustee to file a motion to dismiss a debtor's case or certify a default. The order states that the motion must be filed with the court and served upon the debtor's attorney, if any. The order also states that the debtor must be provided with notice of the motion, including the date and time of the hearing, and the debtor must be given the opportunity to object to the motion. There are two types of New Jersey Order Regarding Chapter 13 Standing Trustees Motion to Dismiss Or Certification of Default: a Motion to Dismiss and a Certification of Default. A Motion to Dismiss is a request by the trustee to have the court dismiss the debtor's case and terminate the debtor's repayment plan, while a Certification of Default is a request by the trustee to have the court certify that the debtor has failed to make payments as required by the repayment plan.
New Jersey Order Regarding Chapter 13 Standing Trustees Motion to Dismiss Or Certification of Default
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FAQ
As your case enters its final stages, the Chapter 13 Trustee will complete an audit of your case. This audit ensures the Trustee has paid out all necessary payments to creditors and all the required laws have been followed.
Chapter 13 Can Be Denied if the Bankruptcy Process is Not Followed. Under relevant bankruptcy law, a debtor should enroll and successfully finish a credit counseling course from an institution approved by the United States Trustee's Office. Otherwise, it is likely the bankruptcy case will not push through.
If the trustee wants to object to your plan, he or she will typically file a written objection to confirmation with the court and set forth the reasons why the court should not approve your proposed plan. If you don't respond to the trustee's objection, most courts will not confirm the plan.
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.
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.