South Dakota 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

After Plan Completion: After all payments have been completed, the Chapter 13 Trustee will file a Motion to Return any Excess Funds to Debtor and to Terminate any Payroll Deduction by Employer. If the Motion is granted, the Court will enter an order granting the motion and issue two notices.

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 .

The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

12) It's good to understand the concept of the Chapter 13 Plan Base. This is the total of all of your plan payments for the entirety of your case. If you have a 48 month plan and your payment is $1,000 monthly, then your plan base is $48,000.

Can I stay in my home in a Chapter 13 Bankruptcy? You can stay in your home as long as you make your regular payments to your mortgage lender.

Modification after confirmation. The court and the trustee will ask you to explain why you need to change your plan payments and provide proof of your changed circumstances (such as a job loss or a reduction in income). If satisfied, the court will order a new plan payment for the duration of your case.

How Long Does Chapter 13 Discharge Take? Discharging debt through Chapter 13 may take 6 to 8 weeks after the final payment is made on your 3 to 5-year repayment plan (whichever was approved by the bankruptcy court).

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.

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South Dakota Order Confirming Chapter 13 Plan - B 230B