Order Dismissing Chapter 13 Case Prior To Confirmation Of Plan - United States Bankruptcy Judge

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Order Dismissing Chapter 13 Case Prior to Confirmation
L.B.F. 1017-3.1
[Caption as in Official Form 416B]
ORDER DISMISSING CHAPTER 13 CASE
PRIOR TO CONFIRMATION OF PLAN
THIS MATTER comes before the court on the
(name of pleading)
,
filed
by
(name of movant)
. Notice has been given to the debtor and debtor’s counsel and the
chapter 13 trustee as applicable. No timely objection has been filed. The court
FINDS that:
1.
Cause exists for dismissal of this case pursuant to 11 U.S.C. § 1307.
2.
No plan has been confirmed.
3.
No request for delayed revestment of property of the estate has been made.
IT IS THEREFORE ORDERED that:
1.
THIS CASE IS DISMISSED. The Clerk of the court must serve this order on all creditors
and parties in interest within fourteen days (14) of the date of the order.
2.
In accordance with 11 U.S.C. §§ 349(b)(1) and (2), any transfer avoided under 11 U.S.C.
§§ 522, 544, 545, 547, 548, 549 or 724(a), or preserved under 11 U.S.C. §§ 510(c)(2),
522(i)(2) or 551, is reinstated; any lien voided under 11 U.S.C. § 506(d) is reinstated; and
any order, judgment or transfer ordered under 11 U.S.C. §§ 522(i)(1), 542, 550 or 553 is
vacated.
3.
All property of the estate, except payments made by the debtor to the trustee, will revest
in the debtor as of the date of this order pursuant to 11 U.S.C. § 349.
4.
Payments made by the debtor will be retained by the trustee pending payment of claims
allowed under 11 U.S.C. § 503(b) pursuant to 11 U.S.C. § 1326(a)(2).
a.
Any request for allowance of an 11 U.S.C. § 503(b) claim must conform with 11
U.S.C. § 503 and F
. R. B
. P. Rules 9013, 9014 and 2002, and be filed 28
ED
ANKR
days of the date of this order.
b.
Within 30 days after determination of the last request, if any, for
allowance of 11 U.S.C. § 503(b) claims, the trustee must pay all fees imposed by
statute and all allowed 11 U.S.C. § 503(b) claims from the debtor’s payments and
return any surplus to the debtor.
Dated:________________________
BY THE COURT:
United States Bankruptcy Judge

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