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Chapter 13 Debtor Rights Generally

Posted by attorney Brian Lerner

The Debtor has an Exclusive right to file plan. The Debtor has Standing to contest motions for relief from co-debtor stay. The Debtor has exclusive right to modify plan before confirmation The Debtor has the right to request modification of confirmed plan The Debtor has entitlement to discharge provided certain requirements are satisfied There is revesting of estate property upon plan confirmation. Unless otherwise stated in the plan confirmation order, the Chapter 13 debtor may be vested with all estate property free and clear of claims or interests of creditors provided for by the plan at plan confirmation. The Debtor has entitlement to undisbursed funds where plan confirmation denied and the case is dismissed.

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