This form is an order fixing the time to object to a proposed modification of a confirmed chapter 13 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.
San Bernardino California Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan - B 231B
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Description. Any party in interest may file an objection to claim, although they are most commonly filed by trustees and debtors. Filing an objection to claim may initiate a contested matter depending on the objection and may cause a hearing, full trial, or resolution without a hearing.
Plan confirmation serves as a formal approval of your plan. It locks it in stone so-to-speak. This is a big milestone in Chapter 13 because you normally get certain privileges back when your plan is confirmed. You can start rebuilding your credit, for example. It also makes it easier to get a new car.
In Chapter 13, you propose a payment plan for a period of three to five years. You'll make your first payment the month after filing your case. The Chapter 13 bankruptcy trustee holds the amounts until the judge confirms your Chapter 13 plan, and once approved, pays the funds to creditors.
(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 confirmation is a response filed in a chapter 13 bankruptcy to an original or amended plan that is filed in the case. When you file a chapter 13 bankruptcy you fill out a petition, schedules and a number of related documents. These are really disclosure documents.
Once you finish your Chapter 13 repayment plan, the remaining 30 percent of your debt is discharged, meaning you won't have to repay that remaining debt. If you pay your Chapter 13 plan off early, you alter the agreed upon terms of your bankruptcy case.
After confirmation, the trustee will begin paying the creditors listed in your Chapter 13 plan from the monthly payments you send in. It is crucial to the success of your case that you make timely and regular payments to the trustee.
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.
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.
Some courts automatically schedule a confirmation hearing a few hours after the mandatory meeting of creditors while others don't schedule it until weeks later. However, a confirmation hearing should take place within 45 days of the meeting of creditors. Learn more about the steps in a Chapter 13 bankruptcy case.
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