Is a written opposition required by the creditors to my notice of motion to confirm chapter 13 repayment plan?

Question

I'm preparing my own documents for chapter 13 bankruptcy and am ready to file the motion, notice of motion, declaration in support of motion to confirm the repayment plan. Do I have to state in the notice of motion whether or not a written opposition is required?

Answer 1

Fire your attorney and find one who can better advise you. Chapter 13 may not be to your best advantage.

Answer 2

No-the court has discretion to conclude whether your Chapter 13 will work. Hence, whether a party opposes it is a factor, but not a dispositive factor. If the court doesn't feel you can successfully complete the plan in 3-5 years, it will boot you out of a Ch. 13 and move you involuntarily into a Ch. 7. The one thing to remember is that you're 13 will fail if it doesn't give the creditors at least as much as a 7 would have. If it does not, you'll be booted to a 7.