CASB — Objection to Confirmation of Chapter 13 Plan (CSD1172_2023-12-01)

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/forms/CSD1172_2023-12-01.pdf

CSD 1172 [12/01/23] Name, Address, Telephone No. & I.D. No.

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA 325 West F Street, San Diego, California 92101-6991

In Re

BANKRUPTCY NO.

§341(a) Mtg. Date: §341(a) Mtg. Time:

Debtor(s)

OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

TO THE DEBTOR, THE DEBTOR'S ATTORNEY AND THE CHAPTER 13 TRUSTEE:

Michael Koch, 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. (Note to Objecting Party: Your Statement of Objection must be as specific as possible. Check only those sections which are applicable to your objection and provide an explanation of your objection where requested):

1. The Plan discriminates unfairly against the class(es) of unsecured claims because

   . [§1322(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

   . [§1322(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. [§1322(b)(5)]

4. The Chapter 13 Plan is not proposed in good faith because

   . [§1325(a)(3)]

   This Objection to Chapter 13 Plan must be accompanied by a Notice of Hearing pursuant to LBR 3015-5

CSD 1172 [12/01/23]

5. The debtor is distributing less to the allowed unsecured creditors than they would receive under a Chapter 7 liquidation.

   [§1325(a)(4)]

6. Objecting creditor has an allowed secured claim and objects because

   I have not accepted the Plan. [§1325(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. [§1325(a)(5)(B)]

   Amount of Claim $

   Value of Property $ , OR

   the debtor has failed to surrender to me the property securing my claim. [§1325(a)(5)(C)]

7. The debtor has no ability to make the payments proposed by the Plan because

   . [§1325(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.

   [§1325(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.

   [§1326(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 the

debtor (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 : MICHAEL KOCH, TRUSTEE 402 West Broadway, Suite 1450 San Diego, CA 92101 mkoch@ch13.sdcoxmail.com

DATED: (Signature of (Attorney for) Moving Party)

(Please Type or Print Name)

(Address)

(City, State, ZIP)

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(Daytime Phone Number)