Texas Debtors Motion To Modify Confirmed Plan

State:
Texas
Control #:
TX-BKR-MOTION2
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Debtors Motion To Modify Confirmed Plan

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FAQ

If the court declines to confirm the plan, the debtor may file a modified plan. 11 U.S.C. § 1323. The debtor may also convert the case to a liquidation case under chapter 7. (4) 11 U.S.C. § 1307(a).

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.

A response to an objection is sufficient if it states that written documentation in support of the proof of claim has already been provided to the objecting party and that the documentation will be provided at any evidentiary hearing or trial on the matter.

(2) Written Objection. An objection to the confirmation of a chapter 13 plan shall be made by motion setting forth the facts and legal arguments that give rise to the objection in sufficient detail to allow the debtor to file a reply or an amended plan that addresses the objection.

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.

Possible objections to Chapter 13 bankruptcy plans Lack of good faith ? Creditors are entitled to receive at least as much in a Chapter 13 as they would if the debtor had filed a Chapter 7 liquidation.Inaccurate listing of debt ? The plan must list the debtor's full amount of unsecured debt.

Under the Bankruptcy Code, all impaired creditors ? those who will not be paid back in full under the plan of reorganization ? must give their approval for the plan solicited by the debtor. At least one class of impaired creditors must vote to accept the plan before it can be approved by the court.

An objection to the confirmation of a chapter 13 plan shall be made by motion setting forth the facts and legal arguments that give rise to the objection in sufficient detail to allow the debtor to file a reply or an amended plan that addresses the objection.

More info

The motion requests modification of plan payments due to circumstances that arose after confirmation and necessitate an adjustment. The modified plan must complete payments within the commitment period of the original plan, absent a court-approved extension.The rule permits a summary of the plan to be transmitted with the notice of the hearing on confirmation. A confirmed plan can only be modified with a new notice and a court hearing. Section 1329 of the Bankruptcy Code permits modification of a confirmed plan to increase or reduce the amount of plan payments. Mortgage creditors must file with the clerk a Notice of Mortgage Payment Change no later than 21 days before any change in the regular monthly payment amount. If the court permits the debtor to pay the filing fee in installments, the entire filing fee must be paid in full before the proposed plan can be confirmed. Region 16, U.S. Trustee Program, U.S. Department of Justice. RICHARD JOHN KISIELKA,. Confirmation of the chapter 13 debtor's plan, their work was complete.

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Texas Debtors Motion To Modify Confirmed Plan