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To modify a Chapter 13 plan, you must file a motion with the court requesting the modification. It’s crucial to comply with the Hillsborough Florida Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan - B 231B for timely adjustments based on changing circumstances. The modification process ensures that your plan remains feasible and meets your current financial needs.
In a Chapter 13, an objection to confirmation is basically a written statement from the Chapter 13 Trustee or a creditor of the debtor that there is something wrong with the case that needs to be fixed before the confirmation hearing.
Objections to the confirmation of a chapter 13 plan that is timely filed and noticed prior to the § 341 meeting of creditors must be filed not later than seven (7) days after the date of the § 341 meeting of creditors.
§ 1307(c). The court may also dismiss or convert the debtor's case if the debtor fails to pay any post-filing domestic support obligations (i.e., child support, alimony), or fails to make required tax filings during the case. 11 U.S.C. §§ 1307(c) and (e), 1308, 521.
A creditor or the trustee can object to the discharge of one or all of your debts in bankruptcy. The purpose of filing for bankruptcy is often to wipe out (discharge) qualifying debt, such as credit card balances, medical bills, and personal loans.
Objections by Creditors Some common reasons creditors object to Chapter 13 plan confirmation include: Disagreement about the outstanding balance on the debt. Disagreement about the past-due amount. Objection to a cramdown of an automobile loan.
Chapter 13 Can Be Denied if the Bankruptcy Process is Not Followed. Under relevant bankruptcy law, a debtor should enroll and successfully finish a credit counseling course from an institution approved by the United States Trustee's Office. Otherwise, it is likely the bankruptcy case will not push through.
If a creditor objects to your valuation of an asset, your attorney may provide additional information to the creditor or trustee supporting the listed value, or the parties may agree to split the difference or to hire an appraiser to settle the dispute.
(Learn more about the Chapter 13 repayment plan.) In most cases, unless the trustee or one of your creditors objects to the confirmation of your plan, the court will approve it. But if you don't propose a feasible plan that complies with all bankruptcy laws, the trustee can object to its confirmation.
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. (3) Trustee's Objection in Minutes of Meeting of Creditors.