A Motion to Modify Plan is a legal request to change the terms of an existing court-approved agreement, such as a divorce decree, child support order, or parenting plan. Motions to modify are usually filed when a party to the agreement believes that the circumstances of one or both parties have changed, and the agreement should be amended to reflect the new situation. The types of Motion to Modify Plan include but are not limited to: Motion to Modify Child Custody and Visitation, Motion to Modify Child Support, Motion to Modify Spousal Support, Motion to Modify Parenting Plan, Motion to Modify Name Change, and Motion to Modify Bankruptcy Plan.
Motion to modify plan
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Motion to modify plan
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The short answer is yes. If you are dealing with a long-term change, but still have ?disposable income? available (money left over after deducting reasonable, necessary expenses), you can ask the court to modify your Chapter 13 plan and lower your monthly payments on a permanent basis.
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.
With confirmed Chapter 13 plans, you can ask the court to reduce your monthly payment amounts by filing a motion. You will need to explain your reason for wanting to modify your plan and provide the court with documented proof supporting your claim.
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 .
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.
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.
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).
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.