New York Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 12 Plan — B 231A is a legal term related to bankruptcy proceedings in New York state. It refers to a specific court order that establishes a deadline for interested parties to raise objections or concerns regarding a proposed modification to a confirmed Chapter 12 Plan. This order is particularly relevant in the context of bankruptcy cases falling under Chapter 12 of the United States Bankruptcy Code, which is designed to provide debt relief to family farmers and fishers. In New York, there may be different types of orders fixing time to object to proposed modifications of confirmed Chapter 12 plans, including: 1. New York Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 12 Plan — B 231A (Farmers): This type of order specifically applies to family farmers in New York who have filed for bankruptcy under Chapter 12. It sets the time frame during which objections to modifications of the confirmed plan can be raised by parties involved in the case. 2. New York Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 12 Plan — B 231A (Fishers): This variation of the order is tailored for fishers in New York who have filed for bankruptcy relief under Chapter 12. It serves the same purpose as the farmers' order, providing a designated period for individuals or entities to voice their objections to proposed modifications to the confirmed Chapter 12 plan. Both types of orders share the common goal of ensuring that interested parties have an opportunity to raise objections and present their concerns before any modifications to a confirmed Chapter 12 plan are approved by the court. Compliance with these orders is crucial for maintaining transparency, fairness, and due process in bankruptcy proceedings in New York state. Keywords: New York, order fixing time, object, proposed modification, confirmed Chapter 12 plan, B 231A, bankruptcy, family farmers, fishers, objections, concerns, court order, legal term, United States Bankruptcy Code, debt relief, transparency, due process.
New York Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 12 Plan - B 231A
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The objecting party shall file the objection with the court and serve the objections on the chapter 13 trustee, the debtor, and the debtor's attorney. The objection shall be accompanied by proof of service evidencing compliance with this requirement.
"Cram down" simply means the process by which the bankruptcy court can, as part of the confirmation of a Chapter 12 Bankruptcy Plan, force treatment upon an objecting creditor, provided the Plan otherwise meets all of the other confirmation criteria under Section 1225 of the Bankruptcy Code.
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.
An objection to a proof of claim must be in writing and filed with the bankruptcy court. A copy of the objection and the notice of court hearing date must be mailed to the creditor, the trustee, and the debtor at least 30 days before the hearing.
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).
Objecting to a Single Debt If a debt arose from the debtor's intentional wrongdoing, the creditor can object to discharging it. This might involve damages related to a drunk driving accident, for example, or costs caused by intentional damage to an apartment or other property.