New Jersey Order Confirming Chapter 13 Plan - B 230B

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This form is an order confirming a chapter 13 plan. The plan is confirmed with certain provisions encompassing payment amount, due date of payment, and period of payments.

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FAQ

The chapter 13 trustee may file an objection to the confirmation of an amended plan no later than fourteen (14) days from the date the amended plan is filed or five (5) days before the date set for the first confirmation hearing, whichever is earlier.

For most creditors the objection is about whether or not they are being treated correctly under the law. For the trustee the objection is usually about how a class of creditors is being treated and whether the plan complies with the requirements of the law on the whole.

Your Chapter 13 bankruptcy case officially ends when the court issues a final decree. This is different from the discharge order, which erases qualifying debts but does not close the case. The court can close a case without issuing a discharge if the debtor does something wrong or forgets a step in the process.

Chapter 13 bankruptcy is known as personal reorganization. In Chapter 13, a person pays off a portion of her debts on a three to five year payment plan. However, unlike Chapter 7, debtors get to keep property which is non-exempt.

If your case is dismissed, you are entitled to a refund of any money that is still in the trustee's possession. However, the trustee has to get approval from the court to send the money back to you, and they are allowed to take their administrative fees out of that money before refunding it.

If the court declines to confirm the plan or the modified plan and instead dismisses the case, the court may authorize the trustee to keep some funds for costs, but the trustee must return all remaining funds to the debtor (other than funds already disbursed or due to creditors).

Any Chapter 13 debtor who receives an objection to confirmation should first take a deep breath and relax. Then, they should pick up the phone and call their bankruptcy attorney and ask for an explanation of the objections. In the vast majority of cases, the objections can easily be fixed.

If the court confirms the plan, the chapter 13 trustee will distribute funds received under the plan "as soon as is practicable." 11 U.S.C. § 1326(a)(2). If the court declines to confirm the plan, the debtor may file a modified plan.

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New Jersey Order Confirming Chapter 13 Plan - B 230B