Texas Order Confirming Chapter 12 Plan

State:
Texas
Control #:
TX-B-2300A
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Order Confirming Chapter 12 Plan

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FAQ

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).

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).

Nearly everyone can file for Chapter 11 bankruptcy, including individuals, businesses, partnerships, joint ventures, and limited liability companies (LLCs). There is no specified debt-level limit and no required income. However, Chapter 11 is the most complex form of bankruptcy and generally the most expensive.

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).

Most people who file for bankruptcy choose Chapter 7 if they meet the eligibility requirements. Chapter 7 is a popular choice because, unlike Chapter 13, it doesn't require filers to pay back debts.

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).

To become legally effective, a Chapter 11 plan must be confirmed by the bankruptcy court. A plan is confirmed by the bankruptcy court when the bankruptcy judge signs an order approving the plan and ruling that the debtor and all creditors and interest holders are bound by the provisions of the plan.

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.

More info

Order Confirming Chapter 12 Plan. Download Form (pdf, 34.Order Confirming Chapter 12 Plan (Superseded). Download Form (pdf, 12. This rule is amended to include chapter 12 plans. Generally, a debtor is required to file a plan within 90 days of the petition date. A confirmation hearing is to be held within 45 days of the plan filing. Bankruptcy Judge will not confirm a Chapter 11 plan unless creditors are assured of receiving at least as much as they. The plan confirmation requirements of Chapter 11, however, often proved to be insurmountable barriers to a successful farm reorganization. If the court confirms the plan, the chapter 12 trustee will distribute funds received in accordance with the terms of the plan.

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Texas Order Confirming Chapter 12 Plan