How do I get an order shortening the time to file surviving claims in Chapter 13 Bankruptcy?
In California, individuals who are filing for Chapter 13 bankruptcy must have a surviving claim that is received by the court within 90 days of the initial filing. If this timeline cannot be met, an individual may request an Order Shortening Time from the court to extend the validity of the claim. To obtain an Order Shortening Time, the individual filing for bankruptcy must submit a motion to the court. The motion should include a detailed explanation of why the timeline cannot be met and the reasons why an extension is necessary. The court will review the motion, and if approved, the individual will be authorized to file the claim. The motion must also include a list of creditors that must be notified about the request for extension. It is important for the individual to make sure all creditors are properly notified because failure to do so may result in the claim being denied. Additionally, the individual must submit a proposed timeline of when they plan to make payments on the claim. Once the Order Shortening Time is granted, the individual must then file the surviving claim before the deadline specified in the order. It is important to note that failure to file the claim within the time frame will result in the claim being dismissed, so it is essential that the individual make sure it is filed in a timely manner.
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