Can a Bankruptcy Petitioner Appeal an Order that Denies a Chapter 13 Plan?

  1. Chapter 13
  2. Can a Bankruptcy Petitioner Appeal an Order that Denies a Chapter 13 Plan?
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Did your Chapter 13 bankruptcy plan get denied? Most of the time, when the court denies a Chapter 13 plan, it’s because the debtor did not comply with requirements outlined by the court or by their own attorney.

For a Chapter 13 Bankruptcy Plan to be Confirmed, the Petitioner Must:

  1. Attend the mandatory meeting of the creditors hearing.
  2. Make the first Chapter 13 payment within 30 days of filing, or as ordered by the Court.
  3. Be current on any post-petition child support payments.
  4. Filed all necessary tax returns within four years of filing bankruptcy (and give copies of the returns to your attorney so they can provide the trustee with the most recent tax return before the Meeting of the Creditors).
  5. Filed in good faith, provided accurate information in their petition, and honest answers during the creditors’ meeting.

How Do Chapter 13 Bankruptcy Petitioners Make their Payments?

Your bankruptcy attorney will make sure that you know everything you need to know about your Chapter 13 bankruptcy plan payment. They have answers to all your frequently asked questions.

  • How much is my Chapter 13 plan payment?
  • When is my Chapter 13 plan payment due?
  • How do I make my Chapter 13 monthly payment?
  • Where do I mail my first payment before payroll deductions are set up?
  • How long does it take for the payroll deduction to show up on my paycheck?

If the Court Denies Your Payment Plan, Can You Appeal?

Sometimes a judge may decide to deny confirmation of a Chapter 13 payment plan. In Chapter 13 bankruptcy, the debtor always proposes the original plan, but if the plan is denied, the debtor cannot appeal the decision. However, the petitioner can go back and file an amended plan. If the Chapter 13 payment plan complies with requirements and your experienced local bankruptcy attorney has not mentioned any problems or issues about your case, you shouldn’t need to worry about a denial.

If you have questions about submitting a Chapter 13 bankruptcy payment plan or how to respond if your Chapter 13 plan is denied, please don’t hesitate to get in touch. Most bankruptcy offices in the Chattanooga area don’t have a Consumer Bankruptcy Specialist on staff, You are in good hands with Ken Rannick, Kenneth C. Rannick P.C.

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