Virginia Order of Continuance
About this form
The Order of Continuance is a legal document used in bankruptcy proceedings, specifically for Chapter 13 cases. This form is issued by the court to postpone a confirmation hearing related to a debtor's proposed repayment plan. It serves to delay the proceedings until a later date, ensuring that debtors have the necessary time to prepare their plans or meet specific requirements outlined by the court. This document is vital for those who need extra time to meet the conditions for plan confirmation or address objections raised by creditors or the trustee.
Key components of this form
- Case information: Name of the debtor and case number.
- Order for continuance: Instructions on postponing the hearing.
- Conditions for continuance: Requirements that debtors must fulfill to maintain their case.
- Deadlines: Dates by which debtors must take specific actions or make payments.
- Exhibit A: A checklist of items and actions required to be completed by the debtor.
When to use this document
This form should be used when a debtor in a Chapter 13 bankruptcy case needs to delay the confirmation hearing of their repayment plan. Situations may include needing more time to make required plan payments, gather necessary documentation, or address objections from creditors or the bankruptcy trustee. Using this form can provide debtors with the opportunity to avoid case dismissal due to non-compliance with court requirements.
Who can use this document
- Debtors who have filed for Chapter 13 bankruptcy in the Western District of Virginia.
- Individuals seeking to postpone their confirmation hearing due to plan deficiencies or objections.
- Debtors who need additional time to bring their payment plans current.
- Legal representatives or attorneys acting on behalf of debtors in bankruptcy proceedings.
Steps to complete this form
- Enter the debtor's name and case number at the top of the form.
- Mark the appropriate sections to indicate the new date and time for the confirmation hearing.
- Fill in any conditions for maintaining the continuance, such as keeping plan payments current.
- Complete Exhibit A by marking the necessary requirements that must be met by the debtor.
- Have the debtor's counsel and the Chapter 13 trustee sign and date the form.
Notarization guidance
This form does not typically require notarization unless specified by local law. Users should ensure compliance with any specific requirements of their jurisdiction regarding notarization. Online services that facilitate legal forms often provide guidelines to help users understand the requirements.
Get your form ready online
Our built-in tools help you complete, sign, share, and store your documents in one place.
Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to specify the new hearing date and time or leaving it blank.
- Not marking all the conditions required for maintaining the continuance.
- Omitting signatures from the debtor's counsel or the Chapter 13 trustee.
- Missing deadlines for filing the modified plan or required documentation.
Benefits of completing this form online
- Immediate access to the most up-to-date legal format.
- Convenient downloading and printing options for ease of use.
- Time-saving capabilities, allowing users to fill out and submit forms efficiently.
- Guidance provided throughout the completion process to reduce errors.
Looking for another form?
Form popularity
FAQ
Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.
All civil continuance requests must be submitted in writing. The court's Request for Court Action Form is available to use for continuance requests. The continuance date must be an available date provided by the clerk's office. Continuance requests should be made as far in advance as possible.
"Your honor, I am . I am the defendant (or the plaintiff) in this case. I would like to request a continuance". Then be ready to tell the court, when asked, why you need for the matter to be continued.
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte.
Typically you can continue a case only once, maybe twice, unless you have a compelling reason, so use your continuances sparingly.
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
Requests made at the time of trial may be granted only upon a showing that to proceed with the trial would not be in the best interest of justice. No party shall request a continuance in excess of sixty (60) days.
