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At a minimum, what is expected from a Debtor in a Chapter 13?
Remember, this is a serious undertaking. You are within the jurisdiction of a Federal Bankruptcy Court. Debtors have serious duties in order to gain bankruptcy protection. The most important obligations a Debtor will have when in a Chapter 13 are as follows:
1.Truth: Full disclosure is a must. Be truthful to all authorities. Lying in a bankruptcy proceeding is a federal crime and is punishable. A debtor can accomplish better results by truthfully disclosing unfavorable facts than by lying about them.
2.Payments: Pay the plan faithfully. Missing two consecutive payments causes a plan to be subject to dismissal. A wage attachment does a better job of making sure the payment is mad, however, it is also more restrictive. Genially, your legal counsel encourages it, when it is practicable. However, if an employer stops making payments for any reason, it is your responsibility to continue them. The first is a matter of accounting, is it suggested to retain your money order receipts as proof of payment.
3.Attendance: Attend court when directed. Court appearances will be minimal, however, when by legal counsel, there is not a general reason not to attend, short of an absolute emergency. Most debtors only appear one time, at what is called a Section 341 -- Meeting of the Creditors. At that meeting, the creditors are allowed to attend and ask questions.
4.Mortgage Kept Current: This cannot be stressed enough. Current monthly mortgage payments must be maintained. Pay the regular monthly amount to your mortgage company unless you are instructed to do otherwise. For example, the payment for this, along with the payment of other creditors, may need to go through the Chapter 13 Bankruptcy Trustee’s Office. No matter what procedure is used, the failure to pay the mortgage is never excused from making current monthly mortgage payments. Failing to comply with this requirement will eventually cost you your home.
5.Compliance: Obey all orders of the Bankruptcy Court.
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