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.
Kansas Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan - B 231B
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How to fill out Order Fixing Time To Object To Proposed Modification Of Confirmed Chapter 13 Plan - B 231B?
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If the court declines to confirm the plan or the modified plan and instead dismisses the case, the court may authorize the trustee to keep some funds for costs, but the trustee must return all remaining funds to the debtor (other than funds already disbursed or due to creditors).
To obtain a plan moratorium or modification, you must file a motion, either on your own or through counsel, with the bankruptcy court. You also must give notice of the motion to the Chapter 13 trustee, creditors, and other parties in interest in ance with the local rules for the district where you live.
The chapter 13 trustee may file an objection to the confirmation of an amended plan no later than fourteen (14) days from the date the amended plan is filed or five (5) days before the date set for the first confirmation hearing, whichever is earlier.
Five Tips for Surviving Your Chapter 13 Bankruptcy Always be Honest in Your Bankruptcy Paperwork. ... Only Propose and Accept a Repayment Plan You Can Afford. ... Create a Budget and Stick to It. ... Notify Your Attorney When Circumstances Have Changed. ... Provide Your Documents in a Timely Manner.
If the court confirms the plan, the chapter 13 trustee will distribute funds received under the plan "as soon as is practicable." 11 U.S.C. § 1326(a)(2). If the court declines to confirm the plan, the debtor may file a modified plan.
Any Chapter 13 debtor who receives an objection to confirmation should first take a deep breath and relax. Then, they should pick up the phone and call their bankruptcy attorney and ask for an explanation of the objections. In the vast majority of cases, the objections can easily be fixed.
For most creditors the objection is about whether or not they are being treated correctly under the law. For the trustee the objection is usually about how a class of creditors is being treated and whether the plan complies with the requirements of the law on the whole.
There is a way to change your Chapter 13 plan components. The Court may be petitioned for a modification due to changes in your circumstances. Modifications are most often requested by the debtor, but it is not unheard of that a trustee or an unsecured creditor may make such a request.