2 legal questions have been posted about bankruptcy chapter 13 by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Your attorney is the most familiar with the terms of your Plan and the policies in the District in which your case was filed. It is impossible to answer this question on an online basis because your entire case and Plan needs to be reviewed. I suggest you schedule some personal consultations with other local attorneys who have experience with Chapter 13 in your District. You should also ask your attorney about the consequences of dismissing your Chapter 13 and whether that is still possible. I can tell you that in general, your right to this distribution was in place when you filed your case. Your right to this would have been scheduled and exempted if you had exemptions available. This means it is part of the bankruptcy estate even before you earned it. In most situations, very little exemption is available to cover this kind of thing and the proceeds would need to be paid to the Trustee. My gut feeling is that your attorney is correct....
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Your attorney is the most familiar with the terms of your Plan and the policies in the District in which your case was filed. It is impossible to...
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Typically this objection by the Trustee is because the proposed Plan payments are not enough to pay all priority debt and administrative expenses in full by the end of the Plan. If you filed Chapter 13 "pro se" (without a lawyer), you need to consult a lawyer ASAP so that you can propose an amended Plan that will be confirmed. If you have a lawyer, this question is best addressed to your lawyer who will know why the objection was made - rather than asking for advice from other lawyers on a public forum who don't know the specifics of your case. ...
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Typically this objection by the Trustee is because the proposed Plan payments are not enough to pay all priority debt and administrative expenses in...
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