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Law Office of 
Charles E. Andersen

chapter 13 bankruptcy attorneys file chapter 13 with our online application
debtor reorganization plans
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
file a repayment plan

several things are required for plan confirmation

 

 

 

 

 

 

 

 

 

 

 

A Chapter 13 plan must be proposed in good faith

 

Revocation of discharge: The court may revoke a Chapter 13 discharge that was obtained by the debtor's fraud if the party in interest seeking the revocation did not discover the fraud until after the discharge was awarded. The statute of limitations for requesting revocation of a discharge is one year from the date the discharge was granted, and notice and a hearing are required. [B.C. I328(e)]

 

Post-Confirmation Modification: The debtor, the trustee, or an unsecured creditor may request a modification of a plan at any time after it has been confirmed but before all payments have been made. Modification may result in larger or smaller payments to a particular class, a longer or shorter payout period, or a change in the amount to be paid to a creditor to adjust for any payment obtained from a third party or from property outside of the plan. Generally, a request for post confirmation modification of a plan occurs under circumstances where the income or expenses of the debtor have changed materially and unexpectedly.  For example, where the debtor's annual income (which at the time of confirmation had been approximately $80,000) had risen to almost $200,000, the court granted an unsecured creditor's motion (i) to increase the debtor's monthly payments under the plan from $800 to $1,500, and (ii) to extend the payment period from three years to five years. [In re Arnold, 869 F.2d 240 (4th Cir. 1989)] In another case, the debtor was permitted to increase payments to a secured creditor to cure post-petition arrearages that had accrued during a period when the debtor was unemployed for health reasons and was not receiving wages. However, the modification had to satisfy the requirements for confirmation, and, more specifically, the cram down provisions of Bankruptcy Code section 1325(a)(5).

 

4. Revocation of Confirmation Order: Within 180 days after an order confirming a Chapter 13 plan has been entered, a party in interest may request that the order be revoked on the ground that it was procured by fraud. Revocation is discretionary. If after notice and a hearing the confirmation order is revoked, the court may grant the debtor time to propose and obtain confirmation of a modified plan. Otherwise, the court must convert or dismiss the case under section 1307.

 

5. Debtor's Failure to Make Payments:  If the debtor fails to make all payments under the plan, a party in interest or the United States trustee may move for dismissal of the case or conversion to Chapter 7. Alternatively, the debtor might request a hardship discharge if the circumstances warrant

 

New York bankruptcy lawyer in Elmira

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