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Rhode Island Amended Chapter 13 Plan and Applicable Motion

State:
Rhode Island
Control #:
RI-SKU-0001
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PDF
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Amended Chapter 13 Plan and Applicable Motion

Rhode Island Amended Chapter 13 Plan and Applicable Motion is a set of legal documents that are filed in a Rhode Island Bankruptcy Court in order to propose a repayment plan for an individual or business that is filing for Chapter 13 Bankruptcy. These documents outline the debtor’s proposed repayment plan, including the amount of money that must be paid to creditors and the length of the repayment period. The debtor must also provide supporting documents that prove that the repayment plan is feasible and can be maintained throughout the repayment period. There are two types of Rhode Island Amended Chapter 13 Plans and Applicable Motions: the Original Plan and the Modified Plan. The Original Plan is a document that is proposed by the debtor and must be approved by the court. It outlines the debtor’s proposed repayment plan, including the amount of money that must be paid to creditors and the length of the repayment period. The Modified Plan is a document that is proposed by the court if the Original Plan is not acceptable. It may require additional payments or a longer repayment period. The Modified Plan must also be approved by the court.

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FAQ

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.

Objections to the confirmation of a chapter 13 plan that is timely filed and noticed prior to the § 341 meeting of creditors must be filed not later than seven (7) days after the date of the § 341 meeting of creditors.

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.

Objections must be filed within 21 days after the conclusion of the 341 meeting. Plan can be confirmed without further notice or hearing absent timely objections.

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.

Possible objections to Chapter 13 bankruptcy plans Lack of good faith ? Creditors are entitled to receive at least as much in a Chapter 13 as they would if the debtor had filed a Chapter 7 liquidation.Inaccurate listing of debt ? The plan must list the debtor's full amount of unsecured debt.

More info

The modified plan must complete payments within the commitment period of the original plan, absent a court-approved extension. Section 1329 governs the modification of a confirmed chapter 13 plan.Debtor should have had opportunity to amend Chapter 13 plan, pursuant to US Code §1323 Modification of plan before confirmation. (a). Applicable Commitment Period - a term used to describe the time duration of a Chapter 13 plan, generally 36 months to 60 monts. A Chapter 13 bankruptcy represents a voluntary reorganization of debts for individuals. Have Secured Creditors been notified of the applicable insurance? 1329 was amended to include a temporary provision that permitted confirmed chapter 13 plans to extend the plan term to up to 84 months. The motion and declaration were served on the chapter 13 trustee. Your attorney will amend your bankruptcy schedules and plan and file appropriate pleadings with the Bankruptcy Court as required. If you are not, they may file a motion to dismiss or convert your case for non-payment with the Bankruptcy Court.

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Rhode Island Amended Chapter 13 Plan and Applicable Motion