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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

 

C. POST-CONFIRMATION MATTERS

 

1. Effects of Confirmation: A confirmed plan binds the debtor and every creditor, regardless of whether a creditor has accepted or rejected the plan or has objected to confirmation of the plan, or whether his claim is provided for by the plan.

a. Property: Unless the Chapter 13 plan or the confirmation order provides otherwise, confirmation causes all property of the estate to vest in the debtor "free and clear of any claim or interest of any creditor provided for by the plan." [B.C. l327(b),(c)]

(I) Liens:  Although there is authority holding that a creditor's lien not provided for by the plan passes through bankruptcy undisturbed, even if the secured party fails to file a proof of claim [B.C. 1327(c), 506(d); In re Thomas, 883 l;.2d 991 (11th Cir. 1989)1, the more cautious practice, in light of the language of section 1327(c), is for the secured party to file a proof of claim.

b. Debts:  In a Chapter 13 case, confirmation does not operate as a discharge of the debtor's debts. [B.C. 1328] .

 

Chapter 13 Discharge

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