Long Beach, CA
Immigration Lawyer at Long Beach, CA
Practice Areas: Immigration, Asylum
Debtor required to pay off value of stripped secured lien over life of plan: Where the debtor strips down (as opposed to stripping offi.e., entirely removing) a lien under 506(a), the secured port...
See Full GuideA Chapter 13 plan may (and usually does) modify the rights of unsecured creditors. There are several limitations, however: The plan may not materially alter the terms of a loan from a tax-qualified re...
See Full GuideThe Plan may classify both unsecured and secured claims into different classes as long as the claims in each of those classes is treated the same. The payments to each class should be the same. The...
See Full GuidePlan Must Provide Equal Treatment for Claims in Same Class: If the claim is secured, then these secured creditors must be treated the same (although not equal). All unsecured creditors must be pai...
See Full GuideFull Payment is required for Priority Claims. However, they can be paid in unequal installments so long as they are paid by the end of the Plan. Normally priority payments are those where they coul...
See Full GuideIn Chapter 13 Cases, there must be a Plan. This is the basis of the Chapter 13 and it is what the debtor will pay monthly to comply with the terms of the Plan. Depending on the Jurisdiction, there ...
See Full GuideThe Chapter 13 Trustee can Assume or reject executory contracts and unexpired leases. With court approval, a Chapter 13 trustee may employ at the expense of the estate disinterested attorneys, acco...
See Full GuideAlthough not specifically required by the Code, Chapter 13 trustees frequently object to Chapter 13 plans where the plans contain errors or fail to commit sufficient projected disposable income to ...
See Full GuideGenerally: accounting for property received from the debtor; investigating the debtors financial affairs; examining creditors claims and objecting to improper claims where necessary; furnishing...
See Full GuideCertain of the debtors duties in a Chapter 13 case are listed in an optional Rights and Responsibilities Agreement Between Chapter 13 Debtors and Attorneys (RARA) used in some jurisdictions R...
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