Wisconsin Notice And Request To Modify Chapter 13 Plan

State:
Wisconsin
Control #:
WI-SKU-0044
Format:
PDF
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Description

Notice And Request To Modify Chapter 13 Plan

Wisconsin Notice And Request To Modify Chapter 13 Plan is a form used to make changes to an existing Chapter 13 Bankruptcy repayment plan. This form is used when a debtor wants to adjust the payment amount, extend the repayment period, or make other changes to the existing plan. It is filed with the court and must be approved by the Bankruptcy Trustee and the court before it can go into effect. There are two types of Wisconsin Notice And Request To Modify Chapter 13 Plan: an initial modification and a subsequent modification. An initial modification is used when the debtor is proposing changes to the initial repayment plan, while a subsequent modification is used when the debtor is proposing changes to the existing repayment plan.

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FAQ

This is an Official Bankruptcy Form. Official Bankruptcy Forms are approved by the Judicial Conference and must be used under Bankruptcy Rule 9009.

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.

A Chapter 13 confirmation hearing is a court proceeding at which a bankruptcy judge decides whether someone has sufficient income to qualify for Chapter 13 bankruptcy. At the confirmation hearing, the judge reviews the filer's proposed plan to repay creditors.

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.

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 .

If the Court does not confirm the Chapter 13 plan you have proposed, it will usually give the reasons for such disapproval so that the plan may be appropriately modified, converted to a Chapter 7 or dismissed. Once a case is dismissed, your creditors may again pursue the payoff of your debts.

If a debtor has provided for payment of a claim secured by a security interest in the debtor's principal residence in the Plan, the Chapter 13 Trustee must file, within 30 days of the debtor completing all Plan payments, a Notice of Final Cure Payment.

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Wisconsin Notice And Request To Modify Chapter 13 Plan