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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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If Bankruptcy Court denies confirmation of Chapter 13 Plan

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If Bankruptcy Court denies confirmation of Chapter 13 Plan without leave to amend--does this mean that the debtor cannot file or resubmit another Plan that is susceptible of confirmation? And if not, what can the debtor do to save his home and stay under Chapter 13 to pay creditors?

If the court does not grant leave to amend, your Chapter 13 would be dismissed. You could then refile with a confirmable plan.
Customer: replied 8 years ago.
So do we file a Motion for the Court to Reverse or Change this Order Denying Confirmation...Plan Without Leave to Amend / Grant this Leave to Amend or just wait for the case to be dismissed? And of this happens isn't where the debtor will be unable to refile a confirmable plan for another 180 days?

Has the court ruled yet? What exactly has transpired?
Customer: replied 8 years ago.
Hearing on confirmation of the Chapter 13 Plan proposed by the Debtor was held and it was concluded that the proposed Plan does not fulfill the was denied without leave to amend or file another Plan or modification of a was done Entered May 1, 2009.

Just trying to see what the Debtor can do to have the Court change this and allow the plan if amended to meet/fulfill the requirements for confirmation. I am not an attorney but a Bankruptcy Petition Preparer & this is for my son to save/keep his home. Please advise and I will be happy to render this payment & a bonus.

If the plan is not confirmed, the debtor has a right to file a modified plan..
11 USC § 1323

However if the plan or modified plan is not confirmed and the case is dismissed, the debtor can then refile a new Chapter 13 with a confirmable plan.

I hope that this helps.

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