A Texas Chapter 13 Motion to Modify Confirmed Chapter 13 Plan is a legal document used to request changes to an existing Chapter 13 bankruptcy repayment plan. The motion can include changes to the repayment period, the amount of the payments, the debtors’ priorities, and the creditors’ rights. It can also be used to request changes to the amount of secured debt and to modify the debtors’ secured debt. There are two types of Texas Chapter 13 Motion to Modify Confirmed Chapter 13 Plan: 1. Motion to Modify Plan Payments, and 2. Motion to Modify Plan Provisions. A Motion to Modify Plan Payments allows debtors to modify their repayment plan, such as extending the repayment period, reducing payments or increasing payments. A Motion to Modify Plan Provisions allows debtors to modify other aspects of their plan, such as changing the amount of secured debt, modifying the debtors’ priorities, or changing the creditors’ rights. In either case, the motion must be filed with the Bankruptcy Court and the motion must be approved by the court before it can take effect.
Texas Chapter 13 Motion to Modify Confirmed Chapter 13 Plan
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How to fill out Texas Chapter 13 Motion To Modify Confirmed Chapter 13 Plan?
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FAQ
A motion to modify a confirmed Chapter 13 plan (also called a motion to amend confirmed plan) is filed typically by the debtor, but these motions can also be filed by the trustee or a creditor with an allowed, unsecured proof of claim. 11 U.S.C. § 1329.
Chapter 13 Plan Modification: Timing Events such as job loss, illness, or an emergency can affect your ability to afford your bankruptcy plan payments. If this happens to you, then you might be able to ask the court to modify your Chapter 13 plan payments to an amount you can afford.
There is a way to change your Chapter 13 plan components. The Court may be petitioned for a modification due to changes in your circumstances. Modifications are most often requested by the debtor, but it is not unheard of that a trustee or an unsecured creditor may make such a request.
You can refile a Chapter 13 at any time as long as you meet the income requirements and were not previously barred by the court (this is very rare). By refiling a case, you have full court protection from your creditors, including home foreclosure, vehicle repossession, judgments and garnishments, etc).
Generally, a bankruptcy cannot be modified after it is filed. However, since Chapter 13 Bankruptcy is a repayment plan over 3-to-5 years, it is possible your circumstances may change since your bankruptcy was filed.
LBR 3015-1(n) provides the procedure for a debtor to ask the court for permission to modify the chapter 13 plan after the plan was confirmed. FRBP 3015(h) provides that a debtor must give at least 21-days of notice of the deadline to file an objection to modifying a confirmed chapter 13 plan.
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.