What is the process for approving a Chapter 13 Bankruptcy plan?
In California, a Chapter 13 Bankruptcy plan must be approved by a bankruptcy court in order to be valid. This process typically includes: 1. Filing a Chapter 13 Bankruptcy Petition: This includes submitting forms and documents such as a repayment plan and a budget analysis. This paperwork must be filed with the court in order to commence the proceedings. 2. Meeting with a Bankruptcy Trustee: After filing, the debtor must meet with a bankruptcy trustee to review their repayment plan and budget analysis. The trustee is responsible for ensuring that the proposed plan is feasible, and for distributing payments to creditors. 3. Court Approval: The court must review the repayment plan in order to determine if it is in the best interest of creditors. This includes assessing payments to creditors, considering any objections to the plan, and determining if there are any irregularities concerning the plan. 4. Confirmation: After the court has approved the plan, the debtor and their creditors will receive a "confirmation order" from the court. This order serves as an official notice that the plan has been approved by the court and that it is now binding. Once the plan has been approved, the debtor must make all required payments to creditors in accordance with the terms specified in the plan. Failure to comply with the repayment plan may result in the court revoking the plan, resulting in the debtor being unable to discharge any of their remaining debts.
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