Kentucky Certification Regarding Chapter 13 Rights And Responsibilities

State:
Kentucky
Control #:
KY-SKU-0165
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Certification Regarding Chapter 13 Rights And Responsibilities

Kentucky Certification Regarding Chapter 13 Rights and Responsibilities is a mandatory test mandated by the U.S. Bankruptcy Court for the Eastern District of Kentucky. The certification outlines the rights and responsibilities of Chapter 13 debtors and reaffirms their commitment to complying with the terms of their Chapter 13 plan. The certification is administered online and must be completed within 90 days of filing for bankruptcy. It covers topics such as the debtor's rights and responsibilities under the Bankruptcy Code, the duties of the debtor's attorney, the bankruptcy court's jurisdiction, and the debtor's duties to the trustee. There are two types of Kentucky Certification Regarding Chapter 13 Rights and Responsibilities: the General Certification and the Advanced Certification. The General Certification is required of all Chapter 13 debtors, while the Advanced Certification is required for those who have already filed for Chapter 13 and have been through the bankruptcy process.

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FAQ

The amount of time you need to wait to apply for a conventional loan after a Chapter 13 bankruptcy depends on how a court chooses to handle your bankruptcy. If the court dismisses your bankruptcy, you must wait at least 4 years from your dismissal date before you can apply.

As a result, most Chapter 13 plans do not have to provide for the repayment of unsecured debts. The only instance when Chapter 13 plans must provide for payment of unsecured debts is when an unsecured creditor objects to the plan. If this happens, the debtor must pass a ?disposable income? test.

As your case enters its final stages, the Chapter 13 Trustee will complete an audit of your case. This audit ensures the Trustee has paid out all necessary payments to creditors and all the required laws have been followed.

If the Chapter 13 plan is dismissed, creditors may immediately initiate or continue with state court litigation pursuant to applicable state law to foreclose on the petitioner's property or garnish their income. If a bankruptcy case is dismissed, the legal affect is that the bankruptcy is deemed void.

A 100% plan is a Chapter 13 bankruptcy in which you develop a plan with your attorney and creditors to pay back your debt. It is required to pay back all secured debt and 100% of all unsecured debt.

Your debts will not be discharged. Often creditors?especially unsecured creditors?don't bother to file claims with the bankruptcy court and their debts get discharged, but only if you complete the plan. When the case is dismissed, those creditors stay with you.

If a debtor fails to keep up with payments under their repayment plan in a Chapter 13 bankruptcy, the bankruptcy trustee may file a motion to dismiss their case. This means that their debts would not be discharged because the case would be considered unsuccessful.

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.

More info

The undersigned attorney certifies that a copy of the Rights and Responsibilities of Chapter. Chapter 13 Debtor's Certifications Regarding Domestic Support Obligations and Section 522(q).Download Form (pdf, 94. What you get: Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. Personally counsel Debtor regarding the advisability of filing either a Chapter 13 or a. Download Certification Regarding Chapter 13 Rights and Responsibilities – Kentucky Eastern District Bankruptcy Court (Kentucky) form. A chapter 13 debtor is entitled to a discharge when all the payments under the repayment plan are completed and additional statutory requirements are met. The Form of the required certification is in Appendix A, Procedures for. Processing Full Review TPAs.

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Kentucky Certification Regarding Chapter 13 Rights And Responsibilities