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This document is a notice of motion filed by the debtor(s) in a Chapter 13 Bankruptcy case. It informs the parties about the motion to modify the repayment plan or suspend payments. The notice specifies
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How to fill out notice of motion to
How to fill out Notice of Motion to Modify Plan or Suspend Plan Payments
01
Begin with the title of the document: 'Notice of Motion to Modify Plan or Suspend Plan Payments'.
02
Include your name and address at the top of the document as the filer.
03
State the court's name and address.
04
Provide the case number associated with your plan.
05
Clearly outline the motion by stating your request to modify or suspend payment.
06
Include a brief explanation of why you are requesting the modification or suspension.
07
List any changes you propose for your existing plan.
08
Attach any required supporting documents or evidence.
09
Sign and date the document at the bottom.
10
Make copies for yourself, the court, and any involved parties.
Who needs Notice of Motion to Modify Plan or Suspend Plan Payments?
01
Individuals or businesses currently under a bankruptcy plan who are experiencing financial hardship.
02
Those who need to modify payment terms due to changes in income or expenses.
03
Debtors who are temporarily unable to make their scheduled payments and need to suspend them.
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People Also Ask about
Can a creditor refuse Chapter 13?
Occasionally, a change in circumstances may compromise the debtor's ability to make plan payments. For example, a creditor may object or threaten to object to a plan, or the debtor may inadvertently have failed to list all creditors. In such instances, the plan may be modified either before or after confirmation.
Can I pause my chapter 13 payments?
Anyone who wishes to pause payments could file a “motion to suspend or modify Chapter 13 plan.” The motion goes to the judge, who then rules on the motion.
What is a motion to dismiss chapter 13 for non payment?
A bankruptcy trustee can move to dismiss your Chapter 13 bankruptcy for non-payment. If the court grants this motion, you will lose the protection of your bankruptcy proceedings. The automatic stay will be lifted, you will not receive a discharge, and creditors can proceed with their collection efforts.
What are the objections to the Chapter 13 plan?
Other objections might claim the plan is simply not realistic or workable. Common reasons for objections are these: The plan is not feasible — Here, the numbers don't add up. The debtor doesn't have sufficient income to make good on the promises to the creditors.
Under what circumstances might the court reject a debtor's Chapter 13 plan?
The plan could be rejected a) if it requires future earnings to pay off debts, and the court doesn't believe the debtor has enough future income to fulfill the plan. It could also be rejected c) if it anticipates paying the unsecured creditors less than what they would get under a Chapter 7 liquidation.
What are the grounds for objection to chapter 13 plan?
Common reasons for objections are these: The plan is not feasible — Here, the numbers don't add up. The debtor doesn't have sufficient income to make good on the promises to the creditors. In some cases, a creditor might assert that the plan has been offered in bad faith.
How and when may a chapter 13 plan be modified?
Modification after confirmation. The court and the trustee will ask you to explain why you need to change your plan payments and provide proof of your changed circumstances (such as a job loss or a reduction in income). If satisfied, the court will order a new plan payment for the duration of your case.
What is objection to confirmation of plan?
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.
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What is Notice of Motion to Modify Plan or Suspend Plan Payments?
A Notice of Motion to Modify Plan or Suspend Plan Payments is a legal document filed by a debtor in bankruptcy proceedings requesting the court to modify their repayment plan or temporarily suspend payments due to changes in financial circumstances.
Who is required to file Notice of Motion to Modify Plan or Suspend Plan Payments?
Typically, the debtor in a bankruptcy case is required to file a Notice of Motion to Modify Plan or Suspend Plan Payments if they are unable to meet the terms of their existing repayment plan.
How to fill out Notice of Motion to Modify Plan or Suspend Plan Payments?
To fill out a Notice of Motion to Modify Plan or Suspend Plan Payments, a debtor must provide their personal information, the details of their current repayment plan, reasons for requesting the modification or suspension, and any supporting documentation related to their financial situation.
What is the purpose of Notice of Motion to Modify Plan or Suspend Plan Payments?
The purpose of the Notice of Motion to Modify Plan or Suspend Plan Payments is to formally request a court's permission to change the terms of a bankruptcy repayment plan based on changed circumstances, allowing the debtor to adjust to their financial situation.
What information must be reported on Notice of Motion to Modify Plan or Suspend Plan Payments?
The information that must be reported includes the debtor's case number, contact information, details of the proposed modification or suspension, reasons for the request, supporting evidence of financial hardship, and a statement of service indicating other parties have been notified.
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