How do I modify my repayment plan in Chapter 13 Bankruptcy?

Modifying a repayment plan in Chapter 13 Bankruptcy is a straightforward process that can be done in California. First, the debtor must fill out a “Notice of Motion and Motion to Modify Plan” form and file it with the court. This form explains the reasons for the modification and includes the proposed changes to the repayment plan. The debtor must then serve the Notice of Motion to the trustee and creditors listed in the bankruptcy case. This means they must provide copies of the Notice to everyone affected. After this, the debtor must attend a hearing. During the hearing, the trustee, creditors, and judge will consider the proposed changes to the repayment plan and decide whether or not to approve them. If the proposed changes are approved, the court will issue an Order Modifying Plan that will take effect once it is filed with the court. Once the modification order is filed, the debtor must update their repayment plan accordingly. If the proposed changes are not approved, the debtor may still apply for a modification again in the future. However, before making a new request, the debtor must ensure that the reasons for the modification have changed and that their proposed changes are reasonable. Ultimately, modifying a repayment plan in Chapter 13 Bankruptcy in California is a fairly straightforward process. To modify a repayment plan, the debtor must fill out a “Notice of Motion and Motion to Modify Plan” form, serve the Notice to everyone affected, and attend a court hearing.

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