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New Mexico Notice of Deadline To Object To Chapter 13 Plan

State:
New Mexico
Control #:
NM-SKU-0035
Format:
Word
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Description

Notice of Deadline To Object To Chapter 13 Plan

New Mexico Notice of Deadline To Object To Chapter 13 Plan is a document that informs a debtor of the date when objections to a proposed Chapter 13 Payment Plan must be filed. This document is typically issued by the United States Bankruptcy Court for the District of New Mexico and is sent to all creditors who are affected by the proposed payment plan. The Notice outlines the debtor's proposed plan, the date by which creditors must file an objection, and any other information pertinent to the plan. There are two types of New Mexico Notice of Deadline To Object To Chapter 13 Plan: the Preliminary Notice of Deadline and the Final Notice of Deadline. The Preliminary Notice of Deadline informs creditors of the initial proposed plan and the deadline to file objections. The Final Notice of Deadline is sent to creditors after the Court has approved the plan and informs creditors of the new deadline to file objections.

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FAQ

Objections to the confirmation of a chapter 13 plan that is timely filed and noticed prior to the § 341 meeting of creditors must be filed not later than seven (7) days after the date of the § 341 meeting of creditors.

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.

An objection to confirmation is a response filed in a chapter 13 bankruptcy to an original or amended plan that is filed in the case. When you file a chapter 13 bankruptcy you fill out a petition, schedules and a number of related documents. These are really disclosure documents.

As part of the process, the debtor must submit a repayment plan for court approval. But other people with an interest in the bankruptcy case can also make their opinions known. The bankruptcy trustee assigned to the case and any of the creditors seeking repayment can file objections to the debtor's proposed plan.

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.

You are missing required documents (such as tax returns). You are over the debt limit. You failed to disclose an asset. The proofs of claim filed in your case might be different from the creditors and amounts listed in your bankruptcy schedules.

Unlike chapter 7, creditors do not have standing to object to the discharge of a chapter 12 or chapter 13 debtor. Creditors can object to confirmation of the repayment plan, but cannot object to the discharge if the debtor has completed making plan payments.

The trustee might object because they believe you do not have enough income to fund your bankruptcy plan. This is known as a feasability objection and it might require you to make payments for several months before the trustee is satisfied you can handle the payment in the case.

More info

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.The rule requires a chapter 13 plan to be filed either with the petition or within 15 days thereafter. The court may, for cause, extend the time. The debtor may file a chapter 13 plan with the petition. DEADLINE TO FILE CHAPTER 13 PLAN: A Chapter 13 Plan must also be filed within 14 days after the Petition is filed. Any Creditor objection to the Plan must be filed 7 days prior to the Confirmation Hearing Date. 65-95. Pre-Hearing Conference to confirm the Plan. Attend the Chapter 13 confirmation hearing—within 40 days after the 341 hearing. You or your attorney attend the confirmation hearing.

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New Mexico Notice of Deadline To Object To Chapter 13 Plan