A Hawaii Chapter 13 Plan Motion To Avoid Lien is a motion filed in a Chapter 13 Bankruptcy case in the State of Hawaii that seeks to remove a lien from the debtor’s assets. This type of motion is typically filed by a debtor who wishes to keep an asset, such as a home or vehicle, which is subject to a lien. The debtor may wish to keep the asset because it is necessary to maintain their lifestyle, or it is necessary to generate income to make the required Chapter 13 plan payments. The motion must include detailed information regarding the debtor’s financial condition and the asset they wish to keep. Types of Motion to Avoid Lien include: Motion to Avoid Judicial Lien, Motion to Avoid Statutory Lien, Motion to Avoid Tax Lien, and Motion to Avoid Security Interest.
Hawaii Chapter 13 Plan Motion To Avoid Lien
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In chapter 13, "disposable income" is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor's gross income.
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.
Unlike chapter 7, creditors do not have standing to object to the discharge of a chapter 12 or chapter 13 debtor. Creditors can object to confirmation of the repayment plan, but cannot object to the discharge if the debtor has completed making plan payments.
Possible objections to Chapter 13 bankruptcy plans Lack of good faith ? Creditors are entitled to receive at least as much in a Chapter 13 as they would if the debtor had filed a Chapter 7 liquidation.Inaccurate listing of debt ? The plan must list the debtor's full amount of unsecured debt.
Objections must be filed within 21 days after the conclusion of the 341 meeting. Plan can be confirmed without further notice or hearing absent timely objections.
The trustee might object because they believe you do not have enough income to fund your bankruptcy plan. This is known as a feasability objection and it might require you to make payments for several months before the trustee is satisfied you can handle the payment in the case.