This form is an order fixing the time to object to a proposed modification of a confirmed chapter 12 plan. Any objection to the proposed modification must be filed and served on the debtor, the trustee, the United States trustee, and all the creditors.
New York Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 12 Plan - B 231A
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The objecting party shall file the objection with the court and serve the objections on the chapter 13 trustee, the debtor, and the debtor's attorney. The objection shall be accompanied by proof of service evidencing compliance with this requirement.
"Cram down" simply means the process by which the bankruptcy court can, as part of the confirmation of a Chapter 12 Bankruptcy Plan, force treatment upon an objecting creditor, provided the Plan otherwise meets all of the other confirmation criteria under Section 1225 of the Bankruptcy Code.
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 a proof of claim must be in writing and filed with the bankruptcy court. A copy of the objection and the notice of court hearing date must be mailed to the creditor, the trustee, and the debtor at least 30 days before the hearing.
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).
Objecting to a Single Debt If a debt arose from the debtor's intentional wrongdoing, the creditor can object to discharging it. This might involve damages related to a drunk driving accident, for example, or costs caused by intentional damage to an apartment or other property.