This form is an order approving a disclosure statement and fixing the time for filing acceptances or rejections of the plan. The form must be completed and signed by the bankruptcy judge. This form is data enabled to comply with CM/ECF electronic filing standards. This form is for post 2005 act cases.
New Jersey Order Approving Disclosure Statement and Fixing Hearing on Confirmation - Form 13 - Pre and Post 2005 Act
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How to fill out Order Approving Disclosure Statement And Fixing Hearing On Confirmation - Form 13 - Pre And Post 2005 Act?
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In bankruptcy law, a hearing generally occurs related to either Chapter 13 or Chapter 11 federal bankruptcy. Here, a confirmation hearing is a court proceeding wherein a judge either approves or rejects a proposed debtor repayment plan, based on its feasibility and other legal requirements.
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 .
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.
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.
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.
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.
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 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).