Virginia Chapter 13 — Certification by Debtor(s) Requesting Confirmation of Plan and Compliance With Requirements of 11 U.S.C. Section 1325 [Richmond Division ONLY] is a form used by debtors in the Richmond Division of the Eastern District of Virginia to certify their eligibility for Chapter 13 bankruptcy and to demonstrate compliance with the requirements of 11 U.S.C. Section 1325. This form must be filed with the court when the debtor requests confirmation of their Chapter 13 repayment plan. The form must be signed by the debtor and any joint debtors. There are two types of Virginia Chapter 13 — Certification by Debtor(s) Requesting Confirmation of Plan and Compliance With Requirements of 11 U.S.C. Section 1325 [Richmond Division ONLY]: one for individual debtors and one for married debtors. The form for individual debtors requires the debtor to certify that they have completed credit counseling, have reviewed their plan, have disclosed all assets and liabilities, have made all payments required under the plan, have not received a discharge in a prior case, and that their monthly income is enough to make the payments required by the plan. The form for married debtors requires both spouses to certify the same information.
Virginia Chapter 13 - Certification by Debtor(s) Requesting Confirmation of Plan and Compliance With Requirements of 11 U.S.C. Section 1325 [Richmond Division ONLY]
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How to fill out Virginia Chapter 13 - Certification By Debtor(s) Requesting Confirmation Of Plan And Compliance With Requirements Of 11 U.S.C. Section 1325 [Richmond Division ONLY]?
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FAQ
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 .
Section 1325 - Confirmation of plan (a) Except as provided in subsection (b), the court shall confirm a plan if- (1) The plan complies with the provisions of this chapter and with the other applicable provisions of this title; (2) any fee, charge, or amount required under chapter 123 of title 28, or by the plan, to be
(2) Written Objection. 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.
The trustee might object because they believe you do not have enough income to fund your bankruptcy plan. This is known as a feasability objection and it might require you to make payments for several months before the trustee is satisfied you can handle the payment in the case.
Is Chapter 13 Bankruptcy All Bad? Absolutely Not. Chapter 13 bankruptcy does not ruin many people's lives, and many individual have received relief from their debt in the form of a Chapter 13 bankruptcy.
If the court declines to confirm the plan, the debtor may file a modified plan. 11 U.S.C. § 1323. The debtor may also convert the case to a liquidation case under chapter 7. (4) 11 U.S.C. § 1307(a).
Possible objections to Chapter 13 bankruptcy plans 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.
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.