Objection To Confirmation Of Chapter 13 Plan {CSD 1172} | Pdf Fpdf Docx | California

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Objection To Confirmation Of Chapter 13 Plan {CSD 1172} | Pdf Fpdf Docx | California

Last updated: 2/9/2021

Objection To Confirmation Of Chapter 13 Plan {CSD 1172}

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T OC 13 PN H 3015-5 OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN TO THE DEBTOR, THE DEBTOR'S ATTORNEY AND THE CHAPTER 13 TRUSTEE:Thomas H. Billingslea, Jr., Chapter 13 TrusteeDavid L. Skelton, Chapter 13 Trustee, (Insert Name and Complete Mailing Address of Objecting Party) , a creditor in this case,hereby objects to the Confirmation of the Chapter 13 Plan. The basis for the objection is stated below. 1.The Plan discriminates unfairly against the class(es) of unsecured claims because . [2471322(b)(1)]2.The Plan modifies the rights of a creditor whose claim is secured only by a security interest in real property that is the debtor's principal residence by providing that. [2471322(b)(2)]3.The Plan fails to provide for the curing of a default and maintenance payments on a secured or unsecured claim on which final payment is due after the proposed final payment under the Plan. [2471322(b)(5)]4.The Chapter 13 Plan is not proposed in good faith because . [2471325(a)(3)] American LegalNet, Inc. www.FormsWorkFlow.com 5.The debtor is distributing less to the allowed unsecured creditors than they would receive under a Chapter 7 liquidation. [2471325(a)(4)]6.Objecting creditor has an allowed secured claim and objects because I have not accepted the Plan. [2471325(a)(5)(A)], OR the Plan fails to provide for a retention of lien securing my claim and the value of the property to be distributed to me is less than the allowed amount of my claim. [2471325(a)(5)(B)]Amount of Claim $ Value of Property $ , ORthe debtor has failed to surrender to me the property securing my claim. [2471325(a)(5)(C)] 7.The debtor has no ability to make the payments proposed by the Plan because . [2471325(a)(6)]8.The debtor has failed to apply all projected disposable income to Plan payments for a period of not less than three years. [2471325(b)(1)(B)]9.The debtor has failed to begin making payments prescribed in the Plan within thirty (30) days of the filing of the Plan. [2471326(a)(1)]10.Other [cite applicable Code section or case authority]: I hereby certify under penalty of perjury that I have this date mailed a true copy of this Objection to Plan to the attorney for thedebtor (or the debtor) and to the assigned Chapter 13 trustee as indicated below at the following addresses:Attorney for Debtor (or Debtor :Chapter 13 Trustee (select one) : For ODD numbered Chpt. 13 cases:THOMAS H. BILLINGSLEA, JR., TRUSTEE Street, Suite 10San Diego, CA 92101 For EVEN numbered Chpt. 13 cases:DAVID L. SKELTON, TRUSTEE525 B Street, Suite 1430San Diego, CA 92101-4507 DATED: (Signature of (Attorney for) Moving Party) (Please Type or Print Name) (Address) (City, State, ZIP)( ) (Daytime Phone Number) American LegalNet, Inc. www.FormsWorkFlow.com

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