How to file a Motion for Moratorium

[yoshiko55]

Can someone please tell me how or have an example of how to write a Motion for Moratorium Bankruptcy court? I have until the 14th of January to get it file and I dont have an attorney. Thanks

[HHM]

Okay, I am stumped, what is a Motion for Moratorium Bankruptcy Court.

What are you trying to accomplish?

[despritfreya]

Ok, here it is:

Jane Doe, pro se
111 West Blank Street
Someplace, NY 11111

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ____________

In re

Jane Doe, ) )
)In Proceedings Under
)Chapter Thirteen
)
)CASE NO. 11111111
Debtor)MOTION FOR MORATORIUM


Debtor, Jane Doe, pursuant to 11 U.S.C § 1329, hereby moves the Court for a Moratorium on payments for ___ months through and including ______, 2011 under the present Chapter 13 Plan.

I fell behind in payments because ______________ but can resume payments as of _______, 2011.

This Motion shall cover payments through and including _____, 2011. Payments shall resume as of ______, 2011 and the Plan shall be extended from ____ months to _____ months (if not already at 60 months) or my payment will increase to $_____ so that the missed payments are accounted for.

DATED this _____ day of _________, 2011.

___________________ Jane Doe

Copy of the foregoing
mailed this ___ day of
_______, 2011 to:

Your Trustee’s name and address

________________________________

I tried to get this to show up like a pleading but I am not very good with such things. Hopefully you get the idea.

Des.

[medievalmagg]

Hi, Des~ Referring to moratorium in a slightly different context, can you apply for/amend a plan to include a moratorium for a given period of time? Such as if you are self employed and your income is seasonal only as an example; you will not be able to make payments in the first 5 months perhaps, but in the next 7 will and also be able to bring the first 5 current. Since by statute the payments must be the same, is this the way to work it out?

[despritfreya]

can you apply for/amend a plan to include a moratorium for a given period of time? Such as if. . . your income is seasonal only as an example; you will not be able to make payments in the first 5 months perhaps, but in the next 7 will and also be able to bring the first 5 current. Since by statute the payments must be the same, is this the way to work it out?

Yes, you can factor a waiver/moratorium into an Amended or Modified Plan so long as overall funding pays what you are required to pay.

With the exception of 11 USC 1325(a)(5) which requires equal monthly payments to a secured creditor (to date, with one exception, I have yet to see a secured creditor raise this) and the adequate protection requirements of 1326 (which are usually controlled by some local rule and not a big deal) there is no monthly payment requirement. When I have a "seasonal" client the Plan may take that into account. The Code does require the first payment to be made within 30 days (unless the Court orders otherwise) so I may set a Plan as follows:

$50.00 fo month 1
$1,000.00 per month thereafter but paid quarterly beginning ________

Sometimes I may fluctuate the payments:

$50.00 per month for months 1 through 3
$1,000.00 per month for months 4 through 6
$50.00 per month for months 7 through 9
$1,000.00 per month for months 10 through 12 and so on.

Whenever I do something other than regular monthly payments I explain why in the body of the Plan. I believe a creditor would look foolish if it objected solely on not getting "equal monthly payments" when such is clearly not possible for a debtor who can afford the Plan overall.

Hope this helps.

Des.

[medievalmagg]

Yes, it does very much... thank you!

[medievalmagg]

Ooops, one other thing... Does the term for the bankruptcy payments effectively start AFTER the plan is confirmed, or from the time it was filed? In the case of a contested amount of claim for example as in an adversary proceeding, which has taken up a lot of time already in the court, do you have to factor in the payments over the remaining time only since filing, or from 5 years commencing once the plan was confirmed? And if the former, is there any way around that to make the payments more handle-able? Is there any motion that can be made to that effect? Thanks!

[despritfreya]

Ooops, one other thing... Does the term for the bankruptcy payments effectively start AFTER the plan is confirmed, or from the time it was filed?

Your Plan length (no more than 60 months) runs from when your first payment is due (30 days after filing). The timing of Plan confirmation has nothing to do with it.

Des.

[yoshiko55]

I was told that since i am like 2 months behind on my Chapter 13 plan payment to file a motion for Moratorium. I am not sure what this is. I have already file a motion to extend the deadline to bring my case current but I was also told this file this and don't know wht it is.

[LadyInTheRed]

I was told that since i am like 2 months behind on my Chapter 13 plan payment to file a motion for Moratorium. I am not sure what this is. I have already file a motion to extend the deadline to bring my case current but I was also told this file this and don't know wht it is.

despritfreya showed you exactly what it is.

Ok, here it is:

Jane Doe, pro se
111 West Blank Street
Someplace, NY 11111

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ____________

In re

Jane Doe, ) )
)In Proceedings Under
)Chapter Thirteen
)
)CASE NO. 11111111
Debtor)MOTION FOR MORATORIUM


Debtor, Jane Doe, pursuant to 11 U.S.C § 1329, hereby moves the Court for a Moratorium on payments for ___ months through and including ______, 2011 under the present Chapter 13 Plan.

I fell behind in payments because ______________ but can resume payments as of _______, 2011.

This Motion shall cover payments through and including _____, 2011. Payments shall resume as of ______, 2011 and the Plan shall be extended from ____ months to _____ months (if not already at 60 months) or my payment will increase to $_____ so that the missed payments are accounted for.

DATED this _____ day of _________, 2011.

___________________ Jane Doe

Copy of the foregoing
mailed this ___ day of
_______, 2011 to:

Your Trustee’s name and address

________________________________

I tried to get this to show up like a pleading but I am not very good with such things. Hopefully you get the idea.

Des.