Chapter 13 Plan: Unsecured Deficiency and 910 Vehicle
Dec 14, 2010
If the debtor returns or surrenders the collateral to the creditor on
a Chapter 13, the creditor is entitled to make a claim on the
deficiency for whatever the debtor sells the property for and wha...
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Chapter 13 Plan: Zero Payment Plan to Unsecured Creditors
Dec 14, 2010
Where unsecured creditors would receive nothing under the
Chapter 7 liquidation recovery calculation, a zero-payment plan
satisfies the best interests of creditors test. This is met where zero
paym...
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Chapter 13 Plan: Best of the Creditors Test
Dec 14, 2010
A Plan must satisfy the Best Interest of the Creditors Test. This is
a test whereby the creditor must receive as much as they would receive
if the case were in a Chapter 7 Bankruptcy and the assets ...
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Chapter 13 Plan: Complying with the Code and Filing in Good Faith
Dec 14, 2010
First, as is described in other areas of this Blog, all of the mandatory provisions of a Chapter 13 must be in the Plan.
The debtor must be eligible to file the Chapter 13 which means that the debts c...
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Chapter 13 Plan: Confirmation Requirements
Dec 14, 2010
The court must confirm the debtors plan if the following conditions are met: the plan complies with the Code
all fees and charges have been paid
the Chapter 13 petition was filed in good faith
the...
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Chapter 13 Plan: Optional Provisions
Dec 14, 2010
If the debtor has any disposable income available after full
payment of all allowed claims, a Chapter 13 plan may provide for the
payment of postpetition interest on unsecured debts that are
nondis...
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Chapter 13 Plan: Paying Claim Specifics
Dec 14, 2010
Plan May Use Debtors or Estates Assets to Pay Claims. Given
that, it is still necessary that at least some part of future income pay
for the Plan. But not all claims need be paid from the debtors f...
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Chapter 13 Plan: Effect of curing arrearages
Dec 14, 2010
De-accelerates debt: A plan may propose cure and reinstatement
of a loan that the lender contractually accelerated before the case was
filed. Upon successful completion of a Chapter 13 plan providin...
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Chapter 13 Curing Long Term Debts
Dec 14, 2010
Plan May Cure Defaults and Maintain Payments on LongTerm Debts:
A Chapter 13 plan may provide for curing defaults within a reasonable
time and maintaining payments while the case is pending on any d...
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Chapter 13 Rights to Cure Home Mortgages and Other Debts
Dec 14, 2010
Where the last payment of the mortgage would be able to be paid
within the term of the Plan, not only can the arrearages be included and
payed off in the Plan, but so can the last set of mortgage pa...
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