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New Hampshire LBF 3015-1C Notice of Contingent Hearing on Modification of Confirmed Plan (Response Required)

State:
New Hampshire
Control #:
NH-SKU-0020
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Word
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LBF 3015-1C Notice of Contingent Hearing on Modification of Confirmed Plan (Response Required)

The New Hampshire LBF 3015-1C Notice of Contingent Hearing on Modification of Confirmed Plan (Response Required) is a form issued by the New Hampshire Bankruptcy Court to notify a debtor of an upcoming hearing to modify a previously confirmed plan of reorganization. This document informs a debtor of the date, time, and location of the hearing, and provides a list of the issues to be discussed. It also includes a response form for the debtor to complete and submit to the court. The two types of New Hampshire LBF 3015-1C Notice of Contingent Hearing on Modification of Confirmed Plan (Response Required) are the Notice of Contingent Hearing on Modification of Confirmed Plan (Response Required) for Chapter 11 and the Notice of Contingent Hearing on Modification of Confirmed Plan (Response Required) for Chapter 13.

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FAQ

The debtor's attorney must file a motion with the bankruptcy court requesting a hearing to obtain permission from the bankruptcy judge to temporarily suspend the chapter 13 plan payments made by the debtor. The debtor must provide adequate reason to temporarily suspend the chapter 13 plan payments.

A motion to modify a confirmed Chapter 13 plan (also called a motion to amend confirmed plan) is filed typically by the debtor, but these motions can also be filed by the trustee or a creditor with an allowed, unsecured proof of claim. 11 U.S.C. § 1329.

The Chapter 13 Trustee is required to report to the Bankruptcy Court if you fail to make payments on time or in full. The Court may then enter an order dismissing your case and withdrawing the protection of the Bankruptcy Court. If that occurs, you then could be subject to creditor collection efforts and other actions.

In a Chapter 13, an objection to confirmation is basically a written statement from the Chapter 13 Trustee or a creditor of the debtor that there is something wrong with the case that needs to be fixed before the confirmation hearing.

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.

After filing the Chapter 13 petition, the debtor files a Chapter 13 plan. The plan proposes to pay creditors, including the IRS, over a period of 36 to 60 months. Sixty months is the maximum and most common payment period. Payments are typically in monthly installments.

At the same time, very few bankruptcy trustees are going to file a motion to dismiss against you over a single late payment. As a general rule, it takes two or three missed payments before action is taken to default a Chapter 13 bankruptcy plan. Still, you cannot guarantee that you will have that much time to act.

Reducing your payment amount will be easier if your payments are based on your income and expenses and how much disposable income you have each month. Defer a Chapter 13 Payment.Temporarily Suspend Your Chapter 13 Plan Payments.Request a Hardship Discharge.Convert to Chapter 7.Dismiss Your Case and Refile.

More info

The rule permits a summary of the plan to be transmitted with the notice of the hearing on confirmation. 7 days from service of opposition to file a reply.If YES, Special Service is required on all affected creditors, at least 28 days prior to the scheduled hearing of the Plan. D.N.J. LBR 3015-1 (c). The issue of UMB Banks motion to cure is remanded to the bankruptcy court for any further proceedings, if any are necessary, to effectuate this order.

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New Hampshire LBF 3015-1C Notice of Contingent Hearing on Modification of Confirmed Plan (Response Required)