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How are secured creditors dealt with under chapter 13?

by admin | Mar 28, 2008 | Chapter 13 FAQs

There are four methods of dealing with secured creditors under chapter 13: The creditor may accept the debtor’s proposed plan, The creditor may retain its lien and be paid the full amount of its secured claim under the plan, Debtor may surrender the collateral...

How are the claims of unfiled creditors handled under chapter 13?

by admin | Mar 28, 2008 | Chapter 13 FAQs

Unsecured creditors must file their claims with the bankruptcy court within 90 days after the first date set for the meeting of creditors in order for their claims to be allowed. Unsecured creditors who fail to file claims within that period are barred from doing so,...

Is it necessary for all creditors to approve a chapter 13 plan?

by admin | Mar 28, 2008 | Chapter 13 FAQs

NO. To become effective, a chapter 13 plan must be approved by the court, not by the creditors. The court cannot approve a plan unless secured creditors are dealt with in the manner described in the answer to Question 16. Also, unsecured creditors are permitted to...

What if the court does not approve a filed chapter 13 plan?

by admin | Mar 28, 2008 | Chapter 13 FAQs

If the court will not approve the plan proposed by a debtor, the debtor may modify the plan and seek court approval of the modified plan. If the court does not approve a plan, it will usually give its reasons for refusing to do so, and the plan may then be...

How long does a chapter 13 plan last?

by admin | Mar 28, 2008 | Chapter 13 FAQs

A chapter 13 plan must last for three years, unless all debts can be paid off in full in less time. However, a chapter 13 plan can last for as long as five years, if necessary.

When does a debtor have to appear in court in a chapter 13 case?

by admin | Mar 28, 2008 | Chapter 13 FAQs

Most debtors have to appear in court at least twice: once for a hearing called the meeting of creditors, and once for a hearing on the confirmation of the debtor’s chapter 13 plan. The meeting of creditors is usually held about a month after the case is filed. The...
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