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In Chapter 13 cases, debtors enjoy many rights and duties supported by
presumptions of law. In effect, these presumptions create a tie-breaker
of sorts, and unless an objecting party in
interest proves the debtor is not entitled to the relief requested (in specific circumstances),
the debtor automatically wins. However, expect creditors to become
aggressive and rely upon the advice of counsel when considering the best and most profitable avenue for
filing objections and arguing motions.
In practice, the debtors plan will be approved unless someone files
an objection. Once filed, a hearing is normally held. To win, debtors
must provide proof of compliance with applicable Chapter 13 bankruptcy
laws to maintain the presumption in their favor. Normally, judges do not
find many circumstances that are equally matched when considering oral
arguments. Either the plan conforms to the law, or must be modified.
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