Texas Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan - B 231B

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This form is an order fixing the time to object to a proposed modification of a confirmed chapter 13 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.

How to fill out Order Fixing Time To Object To Proposed Modification Of Confirmed Chapter 13 Plan - B 231B?

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FAQ

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).

If a secured creditor fails to file proof of claim, then you will not make any payments toward what you owe on your house or car during your repayment plan. At the end of the bankruptcy process, to keep the collateral, you will still owe the full amount of these secured debts.

The chapter 13 trustee may file an objection to the confirmation of an amended plan no later than fourteen (14) days from the date the amended plan is filed or five (5) days before the date set for the first confirmation hearing, whichever is earlier.

Any Chapter 13 debtor who receives an objection to confirmation should first take a deep breath and relax. Then, they should pick up the phone and call their bankruptcy attorney and ask for an explanation of the objections. In the vast majority of cases, the objections can easily be fixed.

When a Chapter 13 case is dismissed, it is, in the view of the court, as though the bankruptcy filing never existed. The automatic stay that had protected the debtor is lifted; creditors may pounce immediately, with results that include: Collections letters.

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.

Objections that may be raised include the following: 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.

Confirmation Hearing: This hearing must take place within 45 days after the Meeting of Creditors. The Chapter 13 repayment plan must meet certain criteria to be confirmed, such as providing for payment of past due child support, alimony, income taxes, and other ?priority? debts (debts that must be paid first).

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Texas Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan - B 231B