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Making the Plan Work
The provisions of a confirmed plan are
binding on the debtor and each creditor.
11 U.S.C. § 1327. Once the court
confirms the plan, it is the responsibility
of the debtor to make the plan succeed.
The debtor must make regular
payments to the trustee, which will
require adjustment to living on a fixed
budget for a prolonged period. Alternatively,
the debtor's employer can
withhold the amount of the payment
from the debtor's paycheck and transmit
it to the chapter 13 trustee.
Furthermore, while confirmation of the
plan entitles the debtor to retain property
as long as payments are made, the
debtor may not incur any significant
new credit obligations without consulting
the trustee, as such credit obligations
may have an impact upon the
execution of the plan. 11 U.S.C.
§§ 1305(c), 1322(a)(1) & 1327.
A debtor may consent to the deduction
of the plan payments from the
debtor's paycheck. Experience has
shown that this practice increases the
likelihood that payments will be made
on time and that the plan will be completed.
In any event, failure to make the
payments in accordance with the confirmed
plan may result in dismissal of
the case or its conversion to a liquidation
case under chapter 7 of the
Bankruptcy Code. 11 U.S.C. § 1307(c).
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