Hawaii Objection To Chapter 13 Plan Or Plan Motion

State:
Hawaii
Control #:
HI-SKU-0014
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PDF
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Description

Objection To Chapter 13 Plan Or Plan Motion

Hawaii Objection To Chapter 13 Plan Or Plan Motion is a motion filed by a creditor, the Chapter 13 Trustee, or the debtor which objects to the confirmation of a debtor's proposed Chapter 13 plan. The objection may be based on a variety of grounds such as failure to properly classify creditors, inadequate protection of secured creditors, or failure to provide adequate funds for unsecured creditors. There are three types of Hawaii Objection To Chapter 13 Plan Or Plan Motion: (1) Motion to Dismiss, (2) Motion to Modify, and (3) Motion to Deny Confirmation. A Motion to Dismiss is a motion that requests the dismissal of the Chapter 13 case due to lack of payments of filing fees, failure to submit the required documents, or failure to appear at hearings. A Motion to Modify requests a modification of the Chapter 13 plan such as changing the percentage of repayment to creditors, changing the payment schedule, or changing the priority of certain creditors. A Motion to Deny Confirmation seeks to prevent the debtor from obtaining a discharge of their debts under the Chapter 13 plan. The motion may be based on a variety of grounds such as failure to pay the fees, failure to submit the required documents, or failure to make payments as required under the plan.

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FAQ

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.

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.

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.

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.

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.

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.

More info

Step-by-Step Instructions. Select Bankruptcy > Chapter 13 Events.The rule requires a chapter 13 plan to be filed either with the petition or within 15 days thereafter. The court may, for cause, extend the time. 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. At a motion hearing, the creditors will have an opportunity to object to the proposed modification. Before any settlement can be finalized, the Debtor must file a motion to approve compromise under Bankr. See Chapter 13 Objection to Plan. If a debtor fails to complete the plan payments, the court may still grant a "hardship" discharge. Chapter 13: The debtor reorganizes the debt to be paid over the course of 3 to 5 years.

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Hawaii Objection To Chapter 13 Plan Or Plan Motion