Virgin Islands Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 12 Plan - B 231A

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This form is an order fixing the time to object to a proposed modification of a confirmed chapter 12 plan. Any objection to the proposed modification must be filed and served on the debtor, the trustee, the United States trustee, and all the creditors.

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FAQ

Bankruptcy law provides the Trustee with the power to recover certain payments made prior to filing a case. Among these are any payments made to creditors (those to whom you owe money) within 90 days prior to filing a bankruptcy. This is a 90 day lookback period.

Any Chapter 13 debtor who receives an objection to confirmation should first take a deep breath and relax. Then, they should pick up the phone and call their bankruptcy attorney and ask for an explanation of the objections. In the vast majority of cases, the objections can easily be fixed.

If the court confirms the plan, the chapter 13 trustee will distribute funds received under the plan "as soon as is practicable." 11 U.S.C. § 1326(a)(2). If the court declines to confirm the plan, the debtor may file a modified plan.

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 .

Modification after confirmation. The court and the trustee will ask you to explain why you need to change your plan payments and provide proof of your changed circumstances (such as a job loss or a reduction in income). If satisfied, the court will order a new plan payment for the duration of your case.

Post-Confirmation means the period commencing on the date the Court enters the Confirmation Order and continuing thereafter until the case is closed by the Order of the Court.

Modification after confirmation. The court and the trustee will ask you to explain why you need to change your plan payments and provide proof of your changed circumstances (such as a job loss or a reduction in income). If satisfied, the court will order a new plan payment for the duration of your case.

In a Chapter 11 case in which the debtor is not an individual, a request for post confirmation modification must be made prior to substantial consummation of the plan. A modification is effective only if the court, after notice and a hearing, confirms the plan as modified.

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Virgin Islands Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 12 Plan - B 231A