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Order Confirming Chapter 13 Plan Form. This is a Rhode Island form and can be use in Bankruptcy Court Federal.
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Tags: Order Confirming Chapter 13 Plan, X, Rhode Island Federal, Bankruptcy Court
R.I. Bankr. Form X
See, R.I. LBR 3015-3(d) and 3015-2(d)
[Rev. 12/1/09]
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF RHODE ISLAND
-----------------------------x
In re:
:
:
:
Debtor(s)
:
-----------------------------x
BK No.
Chapter 13
ORDER CONFIRMING CHAPTER 13 PLAN
The Debtor(s) filed a Chapter 13 Plan (The “Plan”) on__________. The Debtor(s) filed a
Certificate of Service on __________________, reflecting that the Plan and any applicable
motions were served on all creditors and parties-in-interest. No objections to the confirmation of
the plan or motions were filed, or all objections were overruled by the Court or resolved by the
parties. Upon consideration of the foregoing, the Court hereby orders the following:
1. The Plan is confirmed. The term of the Plan is _________ months.
2. If applicable, the motion to modify the secured claim is:
.
Notwithstanding anything in the confirmed Chapter 13 Plan to the contrary, the proposed stripoff or modification of the mortgage in favor of ________________ on the Debtors’ property at:
shall not be effective unless and until a
discharge has been entered on the Bankruptcy Court’s Docket in the Chapter 13 case.
3. The motion to avoid the lien is:
.
4. The motion to assume or reject leases is:
.
5. The employer of the Debtor_______________________ , (or in appropriate cases, the
Debtor)___________________ shall deduct from the wages of the Debtor and forward to the
Office of the Standing Chapter 13 Trustee, P.O. Box 2561, Providence, Rhode Island 02906, the
sum of $________ per _______ for __________.
6. The effective date of confirmation of the Plan is___________.
7. The disbursements to be made by the Chapter 13 Trustee pursuant to the confirmed Plan are
set forth on the attached summary which is incorporated herein by reference.
8. Unless otherwise ordered by the Court, all property of the estate as defined in 11 U.S.C. §§
541 and 1306, including, but not limited to any appreciation in the value of real property owned
by the Debtor(s) as of the commencement of the case, shall remain property of the estate during
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the term of the Plan and shall vest in the Debtor(s) only upon closing of the case. All property of
the estate shall remain within the exclusive jurisdiction of the Bankruptcy Court.
9. The Debtor(s) shall not transfer, sell, encumber, or otherwise alienate property of the estate
other than in accordance with the confirmed Plan or other order of the Bankruptcy Court. The
Debtor shall be responsible for preserving and protecting all property of the estate.
10. The Court may, from time to time during the period of the Plan, increase or reduce the
amount of the payments provided by the Plan, where it shall be made to appear at a hearing upon
such notice as the Court may designate, that the circumstances so warrant or so require.
11. The Debtor shall inform the Trustee of any increase he/she receives in salary or in income.
12. The Trustee shall pay the remaining balance due to any creditor when that balance due is
$25.00 or less.
13. Under 11 U.S.C. § 1325(a)(8) and § 1328(a), if the Debtor owes domestic support
obligations, whether owed at the time of filing or incurred during the pendency of the bankruptcy
case, the Debtor must file a certification with the Chapter 13 Trustee stating that all such
payments due under the plan have been paid before a discharge order may enter.
14. Upon completion of the plan, discharge shall enter unless: (a) after motion and hearing the
Court determines that the Debtor is not entitled to one pursuant to 11 U.S.C. § 1328(h), or; (b)
the Debtor is otherwise not entitled to one pursuant to 11 U.S.C. § 1328.
15. The plan meets all of the requirements set forth in 11 U.S.C. § 1325(a).
16. This order is effective for the plan confirmed on __________ as well as any amended plan
approved by the Court, post confirmation, upon the entry of an order modifying or granting a
post confirmation plan, unless a new order is deemed necessary.
ORDER:
ENTER:
______________________
Deputy Clerk
______________________
Arthur N. Votolato
U.S. Bankruptcy Judge
Date:
Entered on:
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