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Plan Review, New York

Updated: February 29, 2024

Contributors:

How long after a Chapter 13 case is filed does it typically take for the plan to be confirmed? 4-6 months

Does the trustee pay the pre-petition arrearage amount pursuant to the filed POC or plan? If distributed according to filed POC, is plan objection still needed / recommended if full arrearages are not provided for in the plan? All jurisdictions / divisions with the exception of WDNY-Rochester pay per POC. An objection is still recommended if the difference between plan and POC is large and/or the larger than anticipated arrears included in the POC result in a feasibility issue.

Can the creditor request ongoing monthly payments prior to plan confirmation? Unless the plan states otherwise (i.e. if loss mitigation is requested), Debtor is required to make the first post-petition due after filing her/his Chapter 13 case.

The following districts are considered “Trustee Pay All” or “Conduit,” where trustee distributes both pre & post-petition funds:  None

TOPICS: Bankruptcy, Plan Review

SUBSCRIPTIONS: The Source

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USFN and its members have prepared this content as a public service and for general information purposes only. The information may or may not reflect the most current legal developments and under no circumstances should subscribers rely solely on this material.

Subscribers should seek independent legal counsel before acting upon any information contained in this Guide. The information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in the relevant jurisdiction. Foreclosure law is complex and dependent on state, county, and federal law, as well as interpretations by the local and federal judiciary. It is advisable that servicers and other subscribers contact local counsel familiar with the rules, practices, and interpretations of the particular jurisdiction.

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