Chapter 13 Continuance Order Form. This is a Virginia form and can be use in USBC Western Federal.
Tags: Chapter 13 Continuance Order, Virginia Federal, USBC Western
UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF VIRGINIA IN RE: KEYBOARD(Debtor's Name(s)) Chapter 13 Case No. KEYBOARD(Case Number) ORDER This matter came upon the confirmation hearing on debtor(s)' proposed Chapter 13 plan and any objections thereto, and the trustee's motion to dismiss or convert. It appearing to the court that the debtor(s)' plan is not ready for confirmation, it is hereby ORDERED: 1. ______ The hearings on the confirmation of debtor(s)' proposed Chapter 13 plan and any objections thereto and the trustee's motion to dismiss are: _____(a) CONTINUED to _______________________ at ______________. _____(b) CONTINUED to the same date and time as any hearing on the modified plan to be filed as required in paragraph 6 below. 2. ______ This continuance is conditioned upon the debtor(s) keeping their plan payments current. Failure to do so results in dismissal on the continued hearing date or automatic dismissal without further notice or hearing twenty-one (21) days after the trustee's certification unless the debtor files a timely response to the certification. The debtor(s) shall have until _______________________ to bring plan payments current, otherwise, the case will be dismissed at the continued hearing date or will be automatically dismissed twenty-one (21) days after the trustee's certification that plan payments are delinquent unless the debtor(s) timely file a response to the certification. The hearing on confirmation, and any objections thereto, and the trustee's motion to dismiss/convert are continued to _________________at _______ a.m./p.m. at which time all the conditions marked with an "X" on the attached Exhibit A must have been accomplished or the debtor(s) shall appear at that time and show cause why the case should not be dismissed. 3. ______ 4. ______ 5. _______ Confirmation of the debtor(s)' existing Chapter 13 plan is DENIED. 6. _______ Debtor(s) shall have until __________________ to file a modified plan. Upon failure to do so, or to request an extension of time prior to the due date for the modified plan, this case shall be dismissed without further notice or hearing, unless Rev. 12.01.2009 13cont.frm American LegalNet, Inc. www.FormsWorkFlow.com on or before the due date for the modified plan counsel files a certification that there is no need to file a modified plan. Should a modified plan be timely filed, counsel shall serve it in accord with existing procedures and orders of this court; provided however, that no service shall be required as to any class of creditors not adversely affected by the amended plan, as certified in writing by counsel for the debtor(s) and endorsed as agreed by the trustee, which certification shall be filed with the Clerk no later than the date by which service of the modified plan is required to be made. In all cases of plan modification, service shall be made upon any creditor who has any pending objection to confirmation or a specific request for notice. 7. _______ Counsel for the debtor(s) shall submit a wage deduction order to the court no later than ________ or the debtor(s) shall appear at the continued hearing date to show cause why no wage deduction order should be entered. 8. _______ Should the trustee be prepared to recommend confirmation, she/he may submit a confirmation order for entry prior to the continued hearing provided there is no pending objection by a creditor to confirmation. 9. _______ Other provisions: ______________________________________. Debtor(s)' counsel shall serve a copy of this order upon the Chapter 13 trustee and all creditors or their counsel who have filed objections, a motion to dismiss or convert, or an unresolved motion for relief from the automatic stay. Entered: KEYBOARD(Date) _______________________________ U. S. Bankruptcy Judge We consent: ____________________________ Chapter 13 Trustee ___________________________ Debtor's counsel Rev. 12.01.2009 13cont.frm American LegalNet, Inc. www.FormsWorkFlow.com EXHIBIT A TO ORDER OF CONTINUANCE ____1. Debtor(s) are to make regular & timely plan payments & be current in amended plan payments as of the adjourned hearing date. (All of the following items which are marked with an "X" are to be accomplished by the Debtor(s) or received by the Trustee at least ten (10) calendar days prior to the adjourned hearing date unless otherwise noted below or otherwise noted on Exhibit A of the Initial (or Supplemental) Trustee's Report and Objections Following Meeting of Creditors and Notice to Dismiss or Convert Case ["the Trustee's Report"]) ____2. The following documents are to be provided to the Trustee: 9 HUD-1 9 2 mos. recent paystubs from new job 9 Amended: 9 Sch. I 9 Sch. J 9 To support increases in Sch. J expenses 9 To justify decrease in plan payments 9 To justify decrease in base gross __________________________________________________________________________________ ____3. The following amendments to the Plan are to be made: 9 Cure default in plan payments 9 Resolve Trustee's disposable income objection 9 Make plan 100% payout to unsecured creditors 9 Provide for secured creditor(s): _________________________________________________________ 9 Provide for priority creditor(s): _________________________________________________________ 9 Cure arrears on secured creditor(s): _____________________________________________________ 9 Increase plan payments: ______________________________________________________________ 9 Provide adequate protection payments for secured creditor(s):_________________________________ 9 Provide special notice for secured creditor(s):______________________________________________ 9 Change language in para. # ______________ re: ___________________________________________ 9__________________________________________________________________________________ ____4. Any amended plan is to be properly filed and noticed so that it can be heard on the adjourned hearing date. ____5. The following motions are to be properly filed and noticed so that they can be heard on the adjourned hearing date: 9 To extend/impose automatic stay 9 For additional attorneys fees 9 To allow direct plan payments by debtor(s) 9 For adequate protection payments 9 To avoid lien(s): ____________________________________________________________________ 9 To object to claim(s): _______________________________________________________________ ____6. The following objections or matters are to be resolved prior to the adjourned hearing dat