Idaho Sample Letter regarding Chapter 13 Plan

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Multi-State
Control #:
US-0942LTR
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Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Idaho Sample Letter regarding Chapter 13 Plan: [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Bankruptcy Trustee's Name] [Bankruptcy Trustee's Address] [City, State, ZIP Code] Subject: Chapter 13 Plan Proposal Dear [Bankruptcy Trustee's Name], I hope this letter finds you well. I am writing to submit my proposed Chapter 13 Plan in accordance with my bankruptcy case filed under [case number] in the [Idaho] Bankruptcy Court. This comprehensive plan outlines my intention to repay my debts through a structured repayment schedule while ensuring the protection of creditors' rights in a fair and reasonable manner. As per the guidelines outlined in the United States Bankruptcy Code, my Chapter 13 Plan combines my income, expenses, and assets to chart a clear path towards debt consolidation and eventual repayment. I have rigorously assessed my financial situation and consultative worked with my attorney to develop this plan, which I believe strikes a balance between meeting my obligations and providing a feasible opportunity for financial rehabilitation. The key components of my proposed Chapter 13 Plan are as follows: 1. Duration and Repayment Schedule: The plan outlines the duration of the repayment period, usually between three and five years, during which I commit to making regular monthly payments. I have created a realistic repayment schedule that prioritizes timely payments to the trustee, ensuring steady progress towards debt repayment. 2. Secured and Priority Debts: My proposed plan distinguishes between secured debts, such as my mortgage or car loan, and priority debts, such as tax obligations or child support arrears. It ensures that these debts receive appropriate payments to ensure their satisfaction while adhering to bankruptcy laws and procedures. 3. Unsecured Debts: Non-priority unsecured debts, such as credit card balances or medical bills, are also included in my proposed Chapter 13 Plan. I have thoroughly analyzed these debts and proposed a fair percentage-based payment plan rather than a fixed amount, allowing creditors to receive a proportional share of my disposable income throughout the repayment period. 4. Disposable Income and Budget: I have detailed my current income, including wages, rental income, or any other sources of revenue, and subtracted allowed expenses to determine my disposable income. My plan highlights a realistic budget that covers necessary living expenses while ensuring there is sufficient income to make monthly plan payments. 5. Treatment of Assets: I have provided a comprehensive list of my assets and their value. Any non-exempt assets will be protected and not liquidated during the Chapter 13 repayment plan, ensuring that creditors receive a fair distribution while I retain essential property. I request that you thoroughly review my proposed Chapter 13 Plan and provide any necessary guidance or suggested modifications. I am dedicated to fulfilling my obligations and believe that this plan is both feasible and fair. Furthermore, I am committed to making regular payments, attending any mandatory financial management courses, and providing all necessary documentation promptly. Please let me know if there is any additional information or documentation required to proceed with the evaluation of my proposed plan. I am grateful for your time and consideration and eagerly await your response. You can reach me at the contact information provided above. Thank you for your attention to this matter. Sincerely, [Your Name]

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FAQ

A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.

Once your repayment plan gets confirmed, you must continue to make timely payments to the bankruptcy trustee each month for the duration of your plan. You must also continue to make payments on debts, such as your mortgage or car payment, which you proposed to pay outside of bankruptcy.

In bankruptcy law, a hearing generally occurs related to either Chapter 13 or Chapter 11 federal bankruptcy. Here, a confirmation hearing is a court proceeding wherein a judge either approves or rejects a proposed debtor repayment plan, based on its feasibility and other legal requirements.

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 .

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.

The Trustee may file other notices that a case is not feasible. If you are close to making the final payments on your plan and the case is still not feasible, the Trustee will file a motion asking to dismiss the case because it will not pay creditors in the manner required by the plan.

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.

After Plan Completion: After all payments have been completed, the Chapter 13 Trustee will file a Motion to Return any Excess Funds to Debtor and to Terminate any Payroll Deduction by Employer. If the Motion is granted, the Court will enter an order granting the motion and issue two notices.

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Idaho Sample Letter regarding Chapter 13 Plan