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Texas Order Modifying Confirmed Chapter 13 Plan and Granting Additional Award of Attorney's Fees - Unopposed

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TX-3015-E
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Order Modifying Confirmed Chapter 13 Plan and Granting Additional Award of Attorney's Fees - Unopposed

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FAQ

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.

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.

As part of the process, the debtor must submit a repayment plan for court approval. But other people with an interest in the bankruptcy case can also make their opinions known. The bankruptcy trustee assigned to the case and any of the creditors seeking repayment can file objections to the debtor's proposed plan.

Once your repayment plan gets confirmed, you must continue to make timely payments to the bankruptcy trustee each month for the duration of your plan. You must also continue to make payments on debts, such as your mortgage or car payment, which you proposed to pay outside of bankruptcy.

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 .

A Chapter 13 confirmation hearing is a court proceeding at which a bankruptcy judge decides whether someone has sufficient income to qualify for Chapter 13 bankruptcy. At the confirmation hearing, the judge reviews the filer's proposed plan to repay creditors.

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.

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.

More info

IT IS THEREFORE ORDERED that the Motion to Modify Confirmed Chapter. Plaintiff made "preconfirmation chapter 13 plan payments with uncontested and unfavorable terms of two loan modifications.In most Chapter 13 cases, no fee application is filed and the bar accepts whatever the Trustee recommends. The Debtors' Chapter 13 Plan was confirmed on December 3, 2009. The Trustee will only grant one continuance absent an order from the Court. Any additional continuances must be requested through a Motion to Reset 341 Meeting. Modification, unless specifically approved in the Court order confirming such Plan or approving such Plan Modification. 8 11 U.S.C. § 1323: Modification of Plan before Confirmation . The debtor may file a chapter 13 plan with the petition. 265(4) An order amending the certification order is appealable.

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Texas Order Modifying Confirmed Chapter 13 Plan and Granting Additional Award of Attorney's Fees - Unopposed