A Virginia Chapter 13 Continuance Order is a written court order granting an individual debtor a period of time to complete a repayment plan for the repayment of debts. It is a type of bankruptcy order that is used when an individual debtor needs extra time to make payments on their debts. This type of order is usually granted when the debtor is unable to make the payments on time due to unforeseen circumstances, such as a job loss or medical emergency. There are two types of Virginia Chapter 13 Continuance Orders: a voluntary continuance and an involuntary continuance. A voluntary continuance is requested by the debtor and approved by the court, while an involuntary continuance is requested by the creditor and approved by the court. In either case, the order grants the debtor a period of time to complete the repayment plan, typically three to five years. The order also sets out the terms for repayment, such as the amount of the payments, the frequency, and the length of the repayment period.
Virginia Chapter 13 Continuance Order
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How to fill out Virginia Chapter 13 Continuance Order?
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FAQ
Failure to attend the Section 341 meeting without the prior agreement of the Chapter 13 Trustee or the Bankruptcy Administrator, as applicable, may result in the filing of a Motion to Dismiss the case by the Trustee or the Bankruptcy Administrator.
A case closed without discharge is not dismissed, and it is not discharged. It can happen in several ordinary circumstances. Chapter 13 cases that follow closely after the Debtor receives a Chapter 7 discharge will not be discharged. In these cases, after the plan payments are completed, the case will be closed.
Now the Bankruptcy Code provides that the automatic stay is terminated if a debtor fails to (1) file a timely statement of intention with the bankruptcy court to reaffirm, redeem, or surrender property, AND (2) take timely action to perform the stated intention.
The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions.
The 341 meeting may be continued if: You did not bring adequate proof of identify. The trustee needs more documentation from you to verify information your petition. A creditor needs more time to question you about your obligations.
Chapter 13 also contains a special automatic stay provision that protects co-debtors. Unless the bankruptcy court authorizes otherwise, a creditor may not seek to collect a "consumer debt" from any individual who is liable along with the debtor.
Domestic proceedings, such as dissolution of marriage, domestic violence, paternity actions and actions for domestic support or child custody or visitation actions. Withholding, suspension or restriction of a driver's license or recreational or occupational license for failure to pay support obligations.
Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.