Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan is a court order used in Chapter 13 Bankruptcy cases that fixes a specific time period in which a creditor or other interested party may object to a proposed modification of a confirmed chapter 13 plan. There are two types of Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan. The first type is an Order Granting Motion to Modify Confirmed Chapter 13 Plan which sets a time period for a creditor to object to the proposed modification. The second type is an Order Denying Motion to Modify Confirmed Chapter 13 Plan which sets a time period for a creditor to object to the denial of the proposed modification. Both types of Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan provide creditors with a designated amount of time to file their objections and provide the court with evidence to support their objections.
Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan
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How to fill out Order Fixing Time To Object To Proposed Modification Of Confirmed Chapter 13 Plan?
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FAQ
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 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.
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.
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.
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.
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.