New Jersey Sample Letter regarding Chapter 13 Plan
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How to fill out Sample Letter Regarding Chapter 13 Plan?
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FAQ
The response is filed to provide a statement indicating: 1) whether the creditor agrees that the debtor has paid the full amount required to cure the default, and 2) whether the debtor is otherwise current on all payments.
On motion of the debtor or trustee filed within 21 days after service of a response or a statement to the notice of final cure payment, the court must, after notice and a hearing, determine whether the debtor has cured the default and paid all required post-petition amounts.
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.
Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause."
Cure Payment means the payment of Cash or the distribution of other property (as the parties may agree or the Bankruptcy Court may order) that is necessary to cure any and all defaults under an executory contract or unexpired lease so that such contract or lease may be assumed, or assumed and assigned, pursuant to ...
A Notice of Final Cure Mortgage Payment is filed by the trustee within 30 days of the date the debtor completes all payments under the plan. The purpose of the notice is to state whether the debtor has paid the full amount required to cure the mortgage default.
Key Elements to Include in the Letter It should include the name and contact information of the debtor, the date of the filing, the court where the bankruptcy was filed, the case number, and the type of bankruptcy filed. It should also provide information about the bankruptcy trustee and the meeting of creditors.
Chapter 13 is a reorganization or repayment bankruptcy that allows the debtor to enter into an interest-free debt repayment plan to pay back all or some of the debtor's debts over a 3 to 5 year period. During this time, creditors must abide by the plan and are not permitted to collect from you or contact you.
About 45 days after you've received your discharge, you will receive a document called a Final Decree. It's the document that officially closes your case. Once this document is received, you are no longer in bankruptcy.
Under all scenarios, a chapter 13 requires an individual to make monthly payments to a trustee, which is referred to as a trustee or plan payment. In general, the number of months of the plan is based on the debtor's ability to pay the total amount required.
