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LAWDOG BANKRUPTCY: CHAPTER 13


MORE DETAIL: Chapter 13 Plan
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11 U.S.C. Section 1305
Filing and allowance of postpetition claims

(a) A proof of claim may be filed by any entity that holds a claim against the debtor -

(b) Except as provided in subsection (c) of this section, a claim filed under subsection (a) of this section shall be allowed or disallowed under section 502 of this title, but shall be determined as of the date such claim arises, and shall be allowed under section 502(a), 502(b), or 502(c) of this title, or disallowed under section 502(d) or 502(e) of this title, the same as if such claim had arisen before the date of the filing of the petition.

(c) A claim filed under subsection (a)(2) of this section shall be disallowed if the holder of such claim knew or should have known that prior approval by the trustee of the debtor's incurring the obligation was practicable and was not obtained.

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11 U.S.C. Section 1321
Filing of plan

The debtor shall file a plan.


11 U.S.C. Section 1322
Contents of plan

(a) The plan shall -

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(b) Subject to subsections (a) and (c) of this section, the plan may -

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(c) Notwithstanding subsection (b)(2) and applicable nonbankruptcy law -

(d) The plan may not provide for payments over a period that is longer than three years, unless the court, for cause, approves a longer period, but the court may not approve a period that is longer than five years.

(e) Notwithstanding subsection (b)(2) of this section and sections 506(b) and 1325(a)(5) of this title, if it is proposed in a plan to cure a default, the amount necessary to cure the default, shall be determined in accordance with the underlying agreement and applicable nonbankruptcy law.

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Bankruptcy Rules Rule 3015
Filing, objections to confirmation, and modification of a plan in a chapter 12 family farmer's debt adjustment or a chapter 13 individual's debt adjustment case

(a) Chapter 12 Plan. The debtor may file a chapter 12 plan with the petition. If a plan is not filed with the petition, it shall be filed within the time prescribed by Section 1221 of the Code.

(b) Chapter 13 Plan. The debtor may file a chapter 13 plan with the petition. If a plan is not filed with the petition, it shall be filed within 15 days thereafter, and such time may not be further extended except for cause shown and on notice as the court may direct. If a case is converted to chapter 13, a plan shall be filed within 15 days thereafter, and such time may not be further extended except for cause shown and on notice as the court may direct.

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(c) Dating. Every proposed plan and any modification thereof shall be dated.

(d) Notice and copies. The plan or a summary of the plan shall be included with each notice of the hearing on confirmation mailed pursuant to Rule 2002(b). If required by the court, the debtor shall furnish a sufficient number of copies to enable the clerk to include a copy of the plan with the notice of the hearing.

(e) Transmission to United States Trustee. The clerk shall forthwith transmit to the United States trustee a copy of the plan and any modification thereof filed pursuant to subdivision (a) or (b) of this rule.

(f) Objection to Confirmation; Determination of Good Faith in the Absence of an Objection. An objection to confirmation of a plan shall be filed and served on the debtor, the trustee, and any other entity designated by the court, and shall be transmitted to the United States trustee, before confirmation of the plan. An objection to confirmation is governed by Rule 9014. If no objection is timely filed, the court may determine that the plan has been proposed in good faith and not by any means forbidden by law without receiving evidence on such issues.

(g) Modification of Plan After Confirmation. A request to modify a plan pursuant to Section 1229 or Section 1329 of the Code shall identify the proponent and shall be filed together with the proposed modification. The clerk, or some other person as the court may diret, shall give the debtor, the trustee, and all creditors not less than 20 days notice by mail of the time fixed for filing objections and, if an objection is filed, the hearing to consider the proposed modification, unless the court orders otherwise with respect to creditors who are not affected by the proposed modification. A copy of the notice shall be transmitted to the United States trustee. A copy of the proposed modification, or a summary thereof, shall be included with the notice. If required by the court, the proponent shall furnish a sufficient number of copies of the proposed modification, or a summary thereof, to enable the clerk to include a copy with each notice. Any objection to the proposed modification shall be filed and served on the debtor, the trustee, and any other entity designated by the court, and shall be transmitted to the United States trustee. An objection to a proposed modification is governed by Rule 9014.

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