Confirmation of the Chapter 13 Bankruptcy Plan in Houston Texas“Confirmation of the Chapter 13 Bankruptcy in Houston Texas”
It is the responsibility of the debtor and the attorney to develop a workable Chapter 13 Plan in Houston Texas in order for the plan to be confirmed. The Bankruptcy Courts in Houston, Texas will confirm a Chapter 13 plan if the plan complies with the requirements of the Chapter 13; all required fees, charges and trustee payments have been made; the petition has been filed and the plan proposes in good faith; each secured creditor has either accepted the plan, or is given back its collateral, or allow to retain its lien on the collateral and is paid its secured claim under the plan. Each priority unsecured creditor has been paid in full or agreed to other treatment. Each non-priority unsecured creditor will receive under at least as much as the creditor would have received if the debtor had filed a Chapter 7 and it appears that the debtor’s plan is feasible and that the debtor will be able t make the required payments and comply with the plan. If the Bankruptcy Court will not confirm the Chapter 13 plan that you have proposed, you may amend the plan, convert the case to a Chapter 7 or dismiss the case voluntarily. If the Court will not confirm the original plan, it will give the reasons for its disapproval, so that the plan may be amended, if possible to be acceptable. Freighting Moment when you receive a MOTION TO DISMISS… If you fail to follow through with your plan payments, fail to appear at 341 Meeting of Creditors, fail to cooperate with the Chapter 13 Trustee, or fail to comply with other requirements of the Bankruptcy Code or the terms of your Chapter 13 plan, the Chapter 13 Trustee or creditors may file a motion to dismiss on your case with the Bankruptcy Court. A hearing may be set and if the Judge dismissed your case, you will lose protection of the Court and be Subject to creditor collection practices. Motion to Dismiss for delinquent payments, debtor MUST provide a reason why they fell behind with the trustee payments. If you experience any changes in income due to change in employment, loss of employment or other unexpected circumstances you have the right to modify you Chapter 13 Plan. Modification of the Chapter 13 Bankruptcy Plan are allowed to increase or reduce the amount of the payments on particular class provided for by the plan. Surrendering a collateral is allowed with a written statement for modification. Debtors may also extend or reduce the time for such payments, alter the amount of the distribution to a creditor whose claim is provided for by the plan to the extent necessary to take account of any payment of such claim other than under the plan. An explanation of increase or decrease of income or expenses must be shown on the modification. Payments for modification shall either be paid upfront or by any arrangements made with the paralegal or attorney, or in the chapter 13 plan. Debtor must provide to the attorney 2-months pay advice or Profit & Loss form from working individuals in the bankruptcy or proof of income. (Social Security, Unemployment..etc) along with Household Budget. Visit me on the web at www.busby-lee.com Eric Southward 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 9784-1151 Evening and Saturday Appts
We provide bankruptcy services in the greater Houston metro area including the cities of Katy, Sugarland, Pearland, Friendswood, Clear Lake and Galveston. We also handle cases from The Woodlands, Spring and Tomball and cases in Baytown and Channelview.
We handle bankruptcy cases in all of these counties: Brazoria, Chambers, Galveston, Matagorda, Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, Wharton