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Order Confirming Uncontested Amended Chapter 13 Plan And Notice Of Opportunity To Object Form. This is a Florida form and can be use in USBC Southern Federal.
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Tags: Order Confirming Uncontested Amended Chapter 13 Plan And Notice Of Opportunity To Object, LF-68B, Florida Federal, USBC Southern
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
www.flsb.uscourts.gov
In re:
Case No.
Chapter 13
Debtor.
/
ORDER CONFIRMING UNCONTESTED AMENDED CHAPTER 13
PLAN AND NOTICE OF OPPORTUNITY TO OBJECT TO AMENDED PLAN
THIS CAUSE came before the court for confirmation of the debtor’s proposed
chapter 13 plan pursuant to Local Rule 3015-3(B)(2). The chapter 13 trustee (“Trustee”)
has recommended confirmation, there are no disputed issues to be resolved and the debtor
has filed the Local Form “Certificate of Compliance and Request for Confirmation of
Chapter 13 Plan.” The court being satisfied that all objections have been orally withdrawn
or resolved at the first meeting of creditors, it is:
ORDERED as follows:
1.
The debtor’s
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amended chapter 13 plan (the “Plan”)
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meets with the provisions of 11 U.S.C. §1325, and if applicable, §§521 and 1308, and is
therefore confirmed in accordance with its terms. The confirmation hearing previously
is canceled.
scheduled for
2.
Any claim entitled to priority under 11 U.S.C. §507 shall be paid in full, in
periodic installments, in the order of priority prescribed by the Bankruptcy Code over the
period of the Plan as required by 11 U.S.C. §1322(a)(2), with postpetition interest as
required by 11 U.S.C. §506(b) payable on the secured portion of the claim.
3.
The debtor’s first monthly payment to the Trustee under the Plan was
. The Trustee shall begin disbursement
required to commence on
to creditors pursuant to the Plan as soon as practicable upon entry of this order.
4.
If the Plan does not provide for payments to a secured creditor, such creditor
is granted in rem stay relief to pursue available state court remedies against any property
of the debtor which secures the creditor’s claim.
5.
Any executory contract or unexpired lease of the debtor which has not been
assumed pursuant to court order prior to entry of this order, or which is not assumed in the
Plan confirmed by this order, is deemed rejected upon entry of this order.
6.
If the confirmed plan in this case provides for payment to holder(s) of tax
certificates on property of the Debtor(s), the following provisions shall apply:
A.
To ensure that the records of the County Tax Collector credit amounts
received by certificate holders, upon receipt of information pursuant
to subparagraph B below, the Tax Collector is ordered to adjust the
County tax records and reduce both the amount owed on tax
certificates and the amount of the tax lien to reflect payments made
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by the Chapter 13 Trustee to certificate holders under the confirmed
plan.
B.
The Tax Collector shall be served with any order entered postconfirmation which (a) dismisses or converts this case; (b) grants stay
relief to the holder of a secured claim on the property subject of the
tax certificates; (c) approves a sale or refinancing of the property
subject of the tax certificates; (d) modifies the plan to eliminate further
payments to one or more certificate holders; or (e) discharges the
Debtor(s) upon completion of the plan. Upon receipt of any such
order, the Tax Collector shall request a ledger from the Chapter 13
Trustee reflecting the amounts paid to certificate holders under the
confirmed plan, or obtain the ledger information by accessing the
Chapter 13 Trustee’s website.
C.
During the period in which the certificate holders are receiving
payments under the confirmed plan, unless otherwise ordered,
the Tax Collector is enjoined from accepting a redemption
payment for any certificate which is included in the plan. This
injunction will dissolve without further order of the Court if (a)
one of the orders described in subparagraph B is entered; and
(b) the County has complied with the requirements in
subparagraph A by reducing both the amount owed on any
certificate paid or partially paid under the plan and the amount
of the tax lien by the amount paid to the certificate holder as
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reflected in the Chapter 13 Trustee’s ledger.”
7.
Pursuant to Local Rule 3070-1(C)(2), if the debtor fails to timely make any
Plan payment to the Trustee, the Trustee may serve a “Notice of Delinquency” upon the
debtor and the debtor’s attorney. The debtor shall have 45 days from the date of the
“Notice of Delinquency” to make all payments due under the Plan, including any payments
that become due within the 45-day period. If the debtor seeks to cure the delinquency in
a modified plan, the debtor must file a motion to modify the confirmed plan within 15 days
of the date of the “Notice of Delinquency”. If the debtor is not current in plan payments on
the 45th day after the date of the “Notice of Delinquency”, the Trustee shall file and serve
a report of non-compliance and the case will be dismissed without further notice or hearing.
Dismissal shall be with prejudice to the debtor filing any new bankruptcy case in any federal
bankruptcy court in the United States for a period of 180 days from entry of the order of
dismissal. The court will not extend these deadlines absent extraordinary circumstances.
NOTICE OF OPPORTUNITY TO OBJECT
8.
Pursuant to 11 U.S.C. §§1323 and 1324 and Bankruptcy Rules 2002, 3015,
and 9021, this order shall not become final for 25 days. Pursuant to Local Rule 30153(B)(2), any party in interest, whose treatment in the Plan has been changed from the plan
as originally filed, may file a written objection within the 25 day period. Failure to timely
object shall be deemed a waiver of all objections and an acceptance of the provisions of
the Plan confirmed by this Order.
9.
The additional objection period in paragraph 8 does not apply to any party in
interest whose treatment was not changed from the plan as originally filed and therefore
does not extend the time for any objection that had to be raised at or before the meeting
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of creditors pursuant to Local Rule 3015-3(A).
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Submitted by:
The trustee shall serve a copy of the signed order on all parties of record and file with the
court a certificate of service conforming with Local Rule 2002-1(F).
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