What is a Proof of Claim?

What is a Proof of Claim?

A proof of claim is a document filed by a creditor for the right to payment as against the bankruptcy estate. The proof of claim should include a copy of the documentation giving rise to the claim, as well as evidence of secured status if the claim is secured. In...
What is a Chapter 13 discharge?

What is a Chapter 13 discharge?

A Chapter 13 debtor is entitled to a discharge upon successful completion of all payments under his or her Chapter 13 plan. By the time of the entry of the discharge, the debtor would have already completed the terms of the Chapter 13 plan. Monthly payments over a 3-5...
Who is a Chapter 13 trustee?

Who is a Chapter 13 trustee?

A Chapter 13 trustee is an individual who is appointed by the U.S. Trustee’s Office to be the trustee of the bankruptcy estate of each person who files for Chapter 13 bankruptcy relief. Bankruptcy judges do not handle the day-to-day administration of cases. The...
Can a bankruptcy 13 plan be modified?

Can a bankruptcy 13 plan be modified?

Yes. A debtor can file a motion at any point during the case to modify the terms of a confirmed Chapter 13 plan. As a little background, the debtor would have filed the chapter 13 plan when the case was filed. A plan contains many provisions including how much the...
What is confirmation of a Chapter 13 plan?

What is confirmation of a Chapter 13 plan?

When a debtor files for Chapter 13 bankruptcy relief, he or she must file a Chapter 13 plan. A Chapter 13 plan is a written document that essentially is a roadmap for the entire case. It is the basis for the administration of the case. It is what the Chapter 13...
What is a Chapter 13 plan?

What is a Chapter 13 plan?

When a debtor files for Chapter 13 bankruptcy relief certain documents are filed with the court, one of which is the Chapter 13 plan. The other documents filed are the bankruptcy petition, schedules and statement of financial affairs. All of the documents are...