What is an automatic stay in Chapter 13?

Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.

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Virginia Chapter 13 Continuance Order

Virginia Chapter 13 Continuance Order

Name: Virginia Chapter 13 Continuance Order
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.57 (281 reviews)

Category:

Virginia Bankruptcy - Official - Western District

State:

Virginia

Control #:

VA-BKR-806W

Format:

Instant download

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Description

Chapter 13 Continuance Order A Virginia Chapter 13 Continuance Order is a written court order granting an individual debtor a period of time to complete a repayment plan for the repayment of debts. It is a type of bankruptcy order that is used when an individual debtor needs extra time to make payments on their debts. This type of order is usually granted when the debtor is unable to make the payments on time due to unforeseen circumstances, such as a job loss or medical emergency. There are two types of Virginia Chapter 13 Continuance Orders: a voluntary continuance and an involuntary continuance. A voluntary continuance is requested by the debtor and approved by the court, while an involuntary continuance is requested by the creditor and approved by the court. In either case, the order grants the debtor a period of time to complete the repayment plan, typically three to five years. The order also sets out the terms for repayment, such as the amount of the payments, the frequency, and the length of the repayment period.

A Virginia Chapter 13 Continuance Order is a written court order granting an individual debtor a period of time to complete a repayment plan for the repayment of debts. It is a type of bankruptcy order that is used when an individual debtor needs extra time to make payments on their debts. This type of order is usually granted when the debtor is unable to make the payments on time due to unforeseen circumstances, such as a job loss or medical emergency. There are two types of Virginia Chapter 13 Continuance Orders: a voluntary continuance and an involuntary continuance. A voluntary continuance is requested by the debtor and approved by the court, while an involuntary continuance is requested by the creditor and approved by the court. In either case, the order grants the debtor a period of time to complete the repayment plan, typically three to five years. The order also sets out the terms for repayment, such as the amount of the payments, the frequency, and the length of the repayment period.

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Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.

Domestic proceedings, such as dissolution of marriage, domestic violence, paternity actions and actions for domestic support or child custody or visitation actions. Withholding, suspension or restriction of a driver's license or recreational or occupational license for failure to pay support obligations.

Chapter 13 also contains a special automatic stay provision that protects co-debtors. Unless the bankruptcy court authorizes otherwise, a creditor may not seek to collect a "consumer debt" from any individual who is liable along with the debtor.

The 341 meeting may be continued if: You did not bring adequate proof of identify. The trustee needs more documentation from you to verify information your petition. A creditor needs more time to question you about your obligations.

The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions.

Now the Bankruptcy Code provides that the automatic stay is terminated if a debtor fails to (1) file a timely statement of intention with the bankruptcy court to reaffirm, redeem, or surrender property, AND (2) take timely action to perform the stated intention.

A case closed without discharge is not dismissed, and it is not discharged. It can happen in several ordinary circumstances. Chapter 13 cases that follow closely after the Debtor receives a Chapter 7 discharge will not be discharged. In these cases, after the plan payments are completed, the case will be closed.

Failure to attend the Section 341 meeting without the prior agreement of the Chapter 13 Trustee or the Bankruptcy Administrator, as applicable, may result in the filing of a Motion to Dismiss the case by the Trustee or the Bankruptcy Administrator.

More info

The Trustee will only grant one continuance absent an order from the Court. A Chapter 13 confirmation hearing is a court proceeding where a bankruptcy judge determines whether the proposed repayment plan meets bankruptcy requirements.Wage Orders: A debtor is more likely to successfully complete a plan if payments are made through voluntary wage orders. Q: Will a chapter 13 trustee be discharged from a case that is automatically dismissed if a debtor fails to produce all requested documents within 45 days. Attorneys representing debtors who would like to participate should complete the authorization agreement found below and mail it to the Trustee's office. Debtors Motion for Pre-confirmation Wage Order - Form available directly from the Bankruptcy Court's website. If Debtor(s) fail to appear at the Meeting of Creditors, the Trustee will recommend dismissal of the Chapter 13 case. The extra funds will flow down the order of distribution stated in the confirmed plan. Chapter 13 bankruptcy filing will immediately stop foreclosures, repossessions, garnishments, lawsuits and collections while monthly payments are made. Your Chapter 13 bankruptcy case is going to take 35 years to come to completion.

Virginia Chapter 13 Continuance Order

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What is an automatic stay in Chapter 13?

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