Deck 6: The Chapter 13 Bankruptcy Adjustment of Debts of an Individual With Regular Income

Question 1

A Chapter 13 debtor receives a discharge upon confirmation of the Chapter 13 plan.

Answer 1

False

Question 2

The confirmation hearing must be held within 30 days of the meeting of creditors.

Answer 2

False

Question 3

All persons eligible to file under Chapter 7 are eligible under Chapter 13.

Answer 3

False

Question 4

At any time after the confirmation of the plan but before the completion of payments under the plan, the debtor, the trustee, or the holder of an allowed unsecured claim may request the court to modify the plan.

Question 5

After the order for relief, the standing Chapter 13 trustee or another individual, if there is no standing trustee, or the United States trustee will serve as the trustee in the case.

Question 6

All tax returns required of a debtor within four years of the bankruptcy filing must be filed by a Chapter 13 debtor by the date of the meeting of creditors.

Question 7

The applicable commitment period is determined by a debtor's median family income.

Question 8

How do the duties of a Chapter 13 trustee differ from the duties of a Chapter 7 trustee?

Question 9

How often is a Chapter 13 debtor eligible for a discharge after having received a discharge in a previous bankruptcy case under Chapter 7?

Question 10

A Chapter 13 plan must provide for the payment of priority claims with interest.

Question 11

The superdischarge has been virtually eliminated by BAPCPA.

Question 12

With the exception of domestic support obligations assigned to a governmental unit, for a Chapter 13 plan to be confirmable, it must provide for the full payment of claims entitled to priority, unless the holder of the claim agrees to a different treatment and the all of the debtor's projected disposable income for a five year period will be applied to make payments under the plan. (T)

Question 13

Briefly describe the codebtor stay in a Chapter 13 case.

Question 14

What is the best-interests-of-creditors test?

Question 15

Define "applicable commitment period."

Question 16

A Chapter 13 plan may not alter the terms of repayment of loans from pension and tax-exempt retirement plans.

Question 17

How is the means test applicable under Chapter 13?

Question 18

What is included in property of a Chapter 13 estate?

Question 19

Payments on secured claims must be made in equal monthly installments.

Question 20

What restrictions apply to lien-stripping secured claims in Chapter 13?

Question 21

Briefly describe the duties of the Chapter 13 trustee.

Question 22

Briefly describe the difference between a "full-compliance" and a "hardship" discharge.

Question 23

Briefly describe what occurs at the hearing on confirmation of the Chapter 13 plan.

Question 24

Briefly describe the purpose of the Chapter 13 plan.

Question 25

Briefly describe when a Chapter 13 cramdown occurs.