Form 013 - Order Of Continuance Ex. A printable pdf download

Debtor(s) Name: _________________________________________________

Case No.: ______ - _______________



ORDER OF CONTINUANCE EX. A

CON’T. to

/ 0

W/ CONDITIONS

W/ EXPECTATIONS

(Version #15, 12/02/08)

____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”])

 HUD-1

____ 2. The following documents are to be provided to the Trustee:

 2 mos. recent paystubs from new job

 Amended:

 Sch. I

 Sch. J

 To support increases in Sch. J expenses

 To justify decrease in plan payments

 To justify decrease in base gross

 _______________________________________________________________________________________

 Resolve Trustee’s Chap. 7 test / disposable income objection

____3. The following amendments to the Plan are to be made:

 Cure default in plan payments

 Make plan 100% payout to unsecured creditors

 Provide for secured creditor(s) [or object to claims]: _______________________________________________________

 Provide for priority creditor(s) [or object to claims]: _______________________________________________________

 Cure arrears on secured creditor(s): ____________________________________________________________________

 Increase plan payments: _____________________________________________________________________________

 Provide adequate protection payments & special notice for secured creditor(s):_________________________________

 Resolve: :_______________________________________________________________________________________

 Change language in para. # ______________ re: _________________________________________________________

 As needed to comply with Trustee’s Report _____________________________________________________________

 _______________________________________________________________________________________

____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:

 To extend/impose automatic stay

 For additional attorneys fees

 To allow direct plan payments by debtor(s)

 For adequate protection payments

 To avoid lien(s): __________________________________________________________________________________

 To object to claim(s): ______________________________________________________________________________

 _________________________________________________________________________________________________

____6.

The following objections or matters are to be resolved prior to the adjourned hearing date or Counsel is to be prepared to argue

them on that date, and the Trustee is to be notified as to the status of these matters at least five calendar days prior to that date:

 Motion(s) to lift stay

 Objection(s) to confirmation

 Trustee’s disposable income objection

 Lien avoidance motion(s)

 Objection to claim(s)

 _____________________________________________________________________________________________________

____7.

All items set forth on Exhibit A to the Trustee’s Report to be completed and received by the Trustee.

 “Drop dead” order to be entered

____8.

Other:

 Wage Deduction order to be entered & working

 Pre-confirmation affidavit to be filed

 Certifications by atty. for atty. fees for motion to lift stay

 Trustee retains Chap. 7 / disposable income objection

 Amend Wage Deduction Order to match modified Plan, if need be

 Debtor(s) not eligible for discharge

 Debtor to arrange automatic monthly payment for mortgage / vehicle  Update on income/employment of ______________

 Trustee’s motion to dismiss to be resolved by entry of order increasing plan payments over remainder of plan

 Plan must pay 100% to unsecured creditors b/c of:

 Chapter 7 test

 Disposable income test

 Trustee will object to any future modified plan that decreases “pot” to unsecured creditors to cure previously undisclosed default

 Debtor(s) to be current in plan payments, case to be converted to Chap. 7, or case to be dismissed

 Debtor(s) have affirmative obligation to advise Trustee immediately if income increases / he or she obtains a new job

 _____________________________________________________________________________________________________

Form 013; 07/14/08

Form 013 - Order Of Continuance Ex. A

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