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Bankruptcy

DURING THE PLAN CONFIRMATION HEARING:
the court will also consider the trustee’s motion to dismiss the chapter 13 case or conversion to a chapter 7, should the debtor not appear at the section 341 hearing, for denial of confirmation of the plan, for failure to commence making timely payments under section 1307(A)(4), or for unreasonable delay by the debtor that is prejudicial to creditors. At the same time and place the court may also value the collateral held by secured creditors as provided in 11 U.S.C. section 506.

IT IS ORDERED: that the debtor shall serve a copy of the plan on all creditors at least twenty4ive (25) days before the confirmation hearing, and proof thereof on the chapter 13 trustee. Any objections to the plan must be in writing, served upon the debtor’s attorney or debtor if he not represented, the chapter 13 trustee, and filed with the court at least FOUR (4) days before the confirmation hearing.

COMMENCEMENT OF CASE: An individual’s debt adjustment case under chapter 13 of the Bankruptcy Code has been filed in this court by the debtor or debtors named above, and an order for relief has been entered. You will not receive notice of all documents filed in this case. All documents filed with the court including lists of the debtor’s property and debts, are available for inspection at the off ice of the clerk of the bankruptcy court.

CREDITORS MAY NOT TAKE CERTAIN ACTIONS: A creditor is anyone to whom the debtor owes money. Under the Bankruptcy Code, the debtor is granted certain protection against creditors. Common examples of prohibited actions by creditors are contacting the debtor to demand repayment, taking action against the debtor to collect money owed to creditors or to take property of the debtor, and starting or continuing foreclosure actions, given to certain codebtors of consumer debts. If unauthorized actions are taken by a creditor against a debtor, or a protected codebtor, the court may punish that creditor. A creditor who is considering taking action against the debtor or the property of the debtor, or any codebtor, should review sections 362 and 1301 of the Bankruptcy Code and may wish to seek legal advice. The staff of the clerk of the bankruptcy court is not permitted to give legal advice.

MEETING OF CREDITORS: The debtor (both husband and wife in a joint case) is required to appear at the meeting of creditors on the date and at the place set forth above labeled “Date, Time, and Location of Meeting of Creditors’ for the purpose of being examined under oath. Attendance by creditors at the meeting is welcomed, but not required. At the meeting, the creditors may examine the debtor and transact such other business as may property come before the meeting. The meeting may be continued or adjourned from time to time by notice at the meeting, without further written notice to the creditors.

PROOF OF CLAIM: Except as otherwise provided by law, in order to share in any payment from the estate, a creditor must file a proof of claim by the date set forth above labeled *Deadline to File a Proof of Claim! The place to file the proof of claim, either in person or by mail, is the office of the clerk for the bankruptcy court. Proof of claim forms are available in the clerk’s office of any bankruptcy court. Claims must be filed in duplicate or they will be rejected.

PURPOSE OF A CHAPTER 13 FILING: Chapter 13 of the Bankruptcy Code is designed to enable a debtor to pay debts in full or in part over a period of time pursuant to a plan. A plan is not effective unless approved by the bankruptcy court at a confirmation hearing. Creditors will be given notice in the event the case is dismissed or converted to another chapter of the Bankruptcy Code.If the debtor(s) does not appear at the 341 (a) meeting of if the plan is not confirmed at the hearing, the case may be dismissed, with or without a 1 80-day prohibition on filing another case, or the case may be converted to chapter 7.
BANKRUPTCY FRAUD AND ABUSE: Any questions or information relating to bankruptcy fraud or abuse should be addressed to the United States Trustee, 221 North Figueroa Street, Suite 800, Los Angeles, CA 90012.

1452 W. 9th Street # 3  Upland, CA 91786

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Address: 2377 W. Foothill Blvd. Suite # 13 Upland, CA 91786