Chapter 13 Bankruptcy Case Administration

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.