Chapter 13 Debtor’s Duties regarding the Creditor’s Meeting
Nov 15, 2010
Before the 341(a) creditors meeting (which the debtor is required
to attend), the debtor must provide the following information to the
Chapter 13 trustee: (1) Tax returns:
(2) Information require...
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Chapter 13 Debtor’s Duties re: Forms and Filing
Nov 15, 2010
In addition to the bankruptcy petition, a Chapter 13 debtor is
required to file numerous documents with the court, many within a
specific time period after the case is commenced. Failure to timely ...
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Chapter 13 Debtor’s Duties Generally
Nov 15, 2010
A Chapter 13 debtor has many of the same duties as a debtor under Chapter 7, including:
Cooperating with Chapter 13 trustee: A Chapter 13 debtor must
cooperate with the Chapter 13 trustee in prepari...
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Chapter 13 Debtor Rights Generally
Nov 15, 2010
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 h...
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Chapter 13 Duties of the Debtor regarding the Plan
Nov 15, 2010
A Chapter 13 debtor has the exclusive right to file a plan. Standing
to contest motions for relief from co-debtor stay: Chapter 13 debtors
may object to requests for relief from the codebtor stay. ...
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Debtors Duties and Obligations regarding Credit and conversion
Nov 15, 2010
Courts are split as to whether a Chapter 13 debtor may exercise the
trustees avoiding powers under 11 USC 544, 545, 547, 548, 549 and
553. Some courts permit the debtor to exercise the avoiding po...
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Chapter 13 Debtor’s Duties and Obligations generally
Nov 15, 2010
One of the main advantages of Chapter 13 is that the debtor remains
in possession of all assets pending plan confirmation. And unless the
plan or the confirmation order provides otherwise, the debt...
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Chapter 13 General Provisions Part II
Nov 15, 2010
Unlike Chapter 11, there is no authority to appoint creditors
committees in Chapter 13 cases. The deadline for filing claims in
Chapter 13 cases is generally set 90 days after the first date set fo...
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Chapter 13 Reorganization General Overview
Nov 15, 2010
Chapter 13 practice is significantly determined by local practice and
procedure. Indeed, most jurisdictions have general orders and mandatory
forms governing Chapter 13 practice (especially the pla...
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Chapter 13 General Overview
Nov 15, 2010
Chapter 13 is known as the Reorganization for Individual Debtors. It has the following characteristics and benefits:
a. Liabilities restructured
(1) Short-term and long-term debts can be cured and re...
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