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Oregon Chapter 12 Plan-Motion To Value Collateral And Secured Claim Ammount (For Cases Filed On Or After 10-17-05)

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Oregon
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OR-SKU-0030
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Chapter 12 Plan-Motion To Value Collateral And Secured Claim Ammount (For Cases Filed On Or After 10-17-05)
Oregon Chapter 12 Plan-Motion To Value Collateral And Secured Claim Amount (For Cases Filed On Or After 10-17-05) is a legal document used by debtors in Chapter 12 bankruptcy cases. This motion is used to assign a value to collateral and secured claim amount in order to determine the amount of repayment that must be made to creditors. This motion also states how the debtor will make payment to the creditors. It is important to note that this motion is only applicable to cases filed on or after October 17th, 2005. The Oregon Chapter 12 Plan-Motion To Value Collateral And Secured Claim Amount (For Cases Filed On Or After 10-17-05) consists of four parts: 1. Motion to Value Collateral: This part of the motion is used to determine the value of the collateral, such as real property or personal property, that the debtor has pledged as security for the loan. The value of the collateral is determined according to the fair market value or the replacement cost, whichever is lower. 2. Motion to Value Secured Claim Amount: This part of the motion is used to determine the amount of the debtor's secured debt. The secured debt is the amount of the loan that is secured by the collateral the debtor has pledged. This amount must be determined in order to determine the amount of repayment that must be made to the creditor. 3. Motion for Payment of Secured Claim Amount: This part of the motion sets forth the amount of the loan repayment that the debtor must make to the creditor, as well as the payment schedule. 4. Motion for Payment of Unsecured Claim Amount: This part of the motion sets forth the amount of unsecured debt repayment that the debtor must make to the creditor. Unsecured debt is debt that is not secured by any collateral.

Oregon Chapter 12 Plan-Motion To Value Collateral And Secured Claim Amount (For Cases Filed On Or After 10-17-05) is a legal document used by debtors in Chapter 12 bankruptcy cases. This motion is used to assign a value to collateral and secured claim amount in order to determine the amount of repayment that must be made to creditors. This motion also states how the debtor will make payment to the creditors. It is important to note that this motion is only applicable to cases filed on or after October 17th, 2005. The Oregon Chapter 12 Plan-Motion To Value Collateral And Secured Claim Amount (For Cases Filed On Or After 10-17-05) consists of four parts: 1. Motion to Value Collateral: This part of the motion is used to determine the value of the collateral, such as real property or personal property, that the debtor has pledged as security for the loan. The value of the collateral is determined according to the fair market value or the replacement cost, whichever is lower. 2. Motion to Value Secured Claim Amount: This part of the motion is used to determine the amount of the debtor's secured debt. The secured debt is the amount of the loan that is secured by the collateral the debtor has pledged. This amount must be determined in order to determine the amount of repayment that must be made to the creditor. 3. Motion for Payment of Secured Claim Amount: This part of the motion sets forth the amount of the loan repayment that the debtor must make to the creditor, as well as the payment schedule. 4. Motion for Payment of Unsecured Claim Amount: This part of the motion sets forth the amount of unsecured debt repayment that the debtor must make to the creditor. Unsecured debt is debt that is not secured by any collateral.

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FAQ

The motion for cash collateral use is ordinarily made on the notion that the cash represents a source of ?emergency liquidity? ? hence, the Court frequently grants and authorizes the debtor to use the cash for non-discretionary expenditures determined to be necessary for operations.

In March 2020, in response to the COVID-19 pandemic, Congress passed the CARES Act, which raised the Subchapter V debt ceiling to $7.5 million for one year. Congress extended it to March 27, 2022. It expired at that time, with the debt ceiling reverting to the original $2,725,625.

The individual or individual and spouse must be engaged in a farming operation or a commercial fishing operation. The total debts (secured and unsecured) must not exceed $11,097,350 (if a family farmer) or $2,268,550 (if a family fisherman).

Examples of priority claims include: employee compensation owed, unpaid contributions to employee benefits plans, tax obligations owed to the government, pending personal injury or workplace injury or death claims, certain deposits given to the Creditor to secure future goods or services, alimony, child support, and

Chapter 13 Eligibility Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual's combined total secured and unsecured debts are less than $2,750,000 as of the date of filing for bankruptcy relief. 11 U.S.C. § 109(e).

A claim held by a creditor who has a perfected lien or a right of set-off against the debtor's property. A claim is secured to the extent of the creditor's interest in the debtor's property or to the extent of the amount subject to set-off.

A Chapter 12 plan must be completed within 3-5 years. Three years is the minimum plan length unless the debtor can pay all their debts sooner (including unsecured debts).

In order to be eligible to file for Chapter 13 Bankruptcy, the filing individual(s) must owe less than $1,184,200 in liquidated, noncontingent secured debts, and less than $394,725 in liquidated, noncontingent unsecured debts. 11 U.S.C. §109(e).

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Minimize the risk of using outdated forms and eliminate rejected fillings. Secured creditors must be paid at least as much as the value of the collateral pledged for the debt.A secured creditor in a Chapter 12 case is entitled to adequate protection when the value of the creditor's collateral decreases after the petition date. Debtor asserts she filed her bankruptcy case and Chapter 13 plan in good faith. And value of claims had to consent to the discharge. A Standard Document to help counsel prepare a proof of claim on behalf of a creditor that has a claim in a bankruptcy case. 4 Years Before Bankruptcy Filed Prior bankruptcy prevents Chapter 13 discharge.

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Oregon Chapter 12 Plan-Motion To Value Collateral And Secured Claim Ammount (For Cases Filed On Or After 10-17-05)