North Carolina Chapter 13 Plan-cases filed BEFORE 12/1/2017)

• Category: North Carolina Bankruptcy - Official - Eastern District
• State: North Carolina
• Control #: NC-SKU-0036
• Format: PDF

Description

Chapter 13 Plan-cases filed BEFORE 12/1/2017) North Carolina Chapter 13 Plan-cases filed BEFORE 12/1/2017 are a type of debt relief available to individuals who are unable to pay their creditors. These cases are filed in the United States Bankruptcy Court, District of North Carolina, and require the debtor to propose a plan to pay back creditors over a three to five-year period. The debtor's proposed plan must be approved by the court and creditors. The plan must meet certain criteria, including that it must pay all non-priority unsecured creditors at least as much as they would have received if the debtor had filed for Chapter 7 bankruptcy. Additionally, the plan must include a monthly payment amount that the debtor can reasonably afford to pay. There are two types of North Carolina Chapter 13 Plan-cases filed BEFORE 12/1/2017: debtor-initiated cases and creditor-initiated cases. In a debtor-initiated case, the debtor files a petition with the court to begin the process of creating a repayment plan. In a creditor-initiated case, a creditor may file an involuntary petition against the debtor in order to begin the process. In either case, the debtor must submit a repayment plan to the court for approval. The repayment plan must include the debtor’s estimated income and expenses, a list of all creditors and their respective claims, and the amount of the proposed plan payments. The debtor must also complete a credit counseling course before the plan can be approved. Once the plan is approved, the debtor must make payments to the trustee according to the terms of the plan. At the conclusion of the repayment period, the remaining unsecured debt is discharged and the debtor is no longer obligated to pay it.

North Carolina Chapter 13 Plan-cases filed BEFORE 12/1/2017 are a type of debt relief available to individuals who are unable to pay their creditors. These cases are filed in the United States Bankruptcy Court, District of North Carolina, and require the debtor to propose a plan to pay back creditors over a three to five-year period. The debtor's proposed plan must be approved by the court and creditors. The plan must meet certain criteria, including that it must pay all non-priority unsecured creditors at least as much as they would have received if the debtor had filed for Chapter 7 bankruptcy. Additionally, the plan must include a monthly payment amount that the debtor can reasonably afford to pay. There are two types of North Carolina Chapter 13 Plan-cases filed BEFORE 12/1/2017: debtor-initiated cases and creditor-initiated cases. In a debtor-initiated case, the debtor files a petition with the court to begin the process of creating a repayment plan. In a creditor-initiated case, a creditor may file an involuntary petition against the debtor in order to begin the process. In either case, the debtor must submit a repayment plan to the court for approval. The repayment plan must include the debtor’s estimated income and expenses, a list of all creditors and their respective claims, and the amount of the proposed plan payments. The debtor must also complete a credit counseling course before the plan can be approved. Once the plan is approved, the debtor must make payments to the trustee according to the terms of the plan. At the conclusion of the repayment period, the remaining unsecured debt is discharged and the debtor is no longer obligated to pay it.