SOUTHERN DISTRICT of GEORGIA

United States Bankruptcy Court

 

 

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE
SOUTHERN DISTRICT OF GEORGIA

PUBLIC COMMENTS ON THE LOCAL CHAPTER 13 PLAN
(Draft Chapter 13 Plan Dated August 1, 2017)

 

General Comments

1) The Plan nor the district's Local Rules specify when the objection to confirmation deadline occurs. We request that the district announce, in the Plan, an objection to confirmation deadline in compliance with Fed. R. Bankr. P. 3015 (7 days before the date set for the hearing on confirmation).

2) Why doesn’t the Plan indicate when property of the estate vests in the Debtor: either the earlier of discharge or dismissal OR at confirmation?

 

 

 

Specific Section Comments

¶3(a).

1) In paragraph 3(a), language from 11 U.S.C. §1326(a)(1) should be included to note that the initial payment under the plan must commence within 30 days of the filing of the plan or the order for relief whichever is earlier. This would help insure debtors don’t propose plans inconsistent with §1326(a)(1).

Response: This language would be better under paragraph 2(a) Plan payments.

¶9.

1) In paragraph 9- should replace the sentence: “Any creditor affected by this provision may file an itemized proof of claim for any unsecured deficiency within 180 days after confirmation of the plan.“ with the language “Any allowed deficiency balance resulting from a creditor’s disposition of the collateral will be treated as an unsecured claim in Section 4(h) of this plan if the creditor amends its previously-filed, timely claim within 180 days from entry of the order confirming this plan or by such additional time as the creditor may be granted upon motion filed within that 180-day period.”


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

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