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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:
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To account for all property received.
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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).
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To investigate the debtor's financial affairs.
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To examine proofs of claims and object to the
allowance of any improper ones
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If circumstances warrant, to object to the debtor's discharge.
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To provide information requested by parties in
interest about the estate and the administration of the estate.
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To prepare and file with the court and with the
United Slates trustee a final report and account concerning the case
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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
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To furnish legal advice to the debtor, and to assist
the debtor in implementing the plan
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To ensure that the debtor, begins making the payments proposed by the plan within thirty days after the filing of the plan
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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
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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 |
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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)
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