13

 

Law Office of 
Charles E. Andersen

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Chapter 13 is a means by which an individual overwhelmed with debt.. can remain in control of her personal financial affairs and repay her debts while keeping her property

 

 

 

 

 

 

 

 

A Chapter 13 plan must be proposed in good faith

 

 ADMINISTRATION OF CHAPTER 13 CASE

 

1. Appointment of Chapter 13 Trustee:  In regions where many Chapter 13 cases are filed, the United States trustee ordinarily appoints a qualified individual to serve as a standing trustee. Otherwise, the United States trustee appoints a disinterested person as the trustee for a particular case, or the United Stales trustee may serve as the trustee in the case himself.

 

a. Duties of trustee:  The duties of a Chapter 13 trustee include the following:

  • To account for all property received.

  • To monitor the debtor's performance of her intentions regarding collateral securing consumer debts (although this duly usually applies only to a Chapter 7 trustee).

  • To investigate the debtor's financial affairs.

  • To examine proofs of claims and object to the allowance of any improper ones

  • If circumstances warrant, to object to the debtor's discharge.

  • To provide information requested by parties in interest about the estate and the administration of the estate.

  • To prepare and file with the court and with the United Slates trustee a final report and account concerning the case

  • To appear and be heard at any hearing regarding (i) valuation of property on which there is a lien, (ii) confirmation of a Chapter 13 plan, or (iii) post-confirmation modification of a plan

  • To furnish legal advice to the debtor, and to assist the debtor in implementing the plan

  • To ensure that the debtor, begins making the payments proposed by the plan within thirty days after the filing of the plan

  • If the debtor is engaged in business (see below). (a) To investigate the debtor's conduct, financial condition, and business operations, as well as the advisability of continuing the debtor's business  and (b) To file a report of the investigation, relating any facts evidencing fraud, dishonesty, incompetence, misconduct, or mismanagement; and

  • Ordinarily, to disburse the payments to creditors under a confirmed plan.

 

Use and Sale of Property

 

     In a Chapter 13 case, you the exclusive right to use, sell, or lease property that you own when you filed. Under certain circumstances you might want to surrender or sell unnecessary and unencumbered property to reduce your plan payments to an easily affordable amount. A sale plan allows you to sell luxury property to help pay off your plan. You can also create a plan that allows you to surrender unnecessary secured collateral back to the creditor in full satisfaction of your obligations to that creditor.

 

Self employed or operating DBA

 

       A debtor engaged in business is a self-employed individual who incurs trade credit in producing income from her business, which she is entitled to operate unless the court orders otherwise. Usually, a Chapter 13 debtor engaged in business has, in addition to the rights described in the preceding paragraph, the exclusive right to use, sell, or lease property in the ordinary course of business  and to obtain credit. However, these rights are subject to any limitations specified in those sections, as well as to any restrictions or conditions imposed by the court.

 

Chapter 13 Plan

 

file for no money down with a repayment plan and an order from the bankruptcy court
calling for plan payments to be made

 

$0.00 down for chapter 13 cases


 

 

 

 

 

 

Chapter 7 & 13

If you qualify

 

 STOP

  • Creditor Harassment
  • Foreclosure
  • Repossessions

ELIMINATE

  • Credit Card and Medical Bills

** For Chapter 13 cases with wage order, with the balance paid through a trustee as part of a payment plan and not paid directly to the attorney. Court Filing Fee is extra.

 

 

 

 

 

Free Consultation

Reasonable rates

 

 

 

(Elmira)

 

 

 

 

file chapter 13
with our easy no money down policy call our office for a free no obligation consultation
   

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plan confirmation hearing plan is confirmed subject to lien avoidance motion within 30 days
Charles E. Andersen representing the debtor a New York State attorney not a bankruptcy petition preparer