IN THE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
IN RE: §
[NAME OF DEBTOR], § CASE NO. 00-00000 - CAG
§
DEBTOR § CHAPTER 13
MOTION FOR APPROVAL OF
SETTLEMENT AND DISBURSEMENT OF SETTLEMENT PROCEEDS
THIS PLEADING REQUESTS RELIEF THAT MAY BE ADVERSE TO YOUR INTERESTS.
IF NO TIMELY RESPONSE IS FILED WITHIN TWENTY-ONE (21) DAYS FROM THE DATE OF SERVICE, THE RELIEF REQUESTED HEREIN MAY BE GRANTED WITHOUT A HEARING HELD.
A TIMELY RESPONSE IS NECESSARY FOR A HEARING TO BE HELD.
TO THE HONORABLE CRAIG A. GARGOTTA, UNITED STATES BANKRUPTCY JUDGE:
Comes now [NAME OF DEBTOR], Debtor in the above-captioned and numbered bankruptcy proceeding, and files this [his/her] Motion for Approval of Settlement and Disbursement of Settlement Proceeds, and in support thereof would show the Court as follows:
I.
Debtor’s petition in this Chapter 13 proceeding was filed on [DATE BK WAS FILED]. Debtor’s Chapter 13 plan was confirmed on [DATE PLAN CONFIRMED].
II.
On or about [DATE OF INJURY/ACCIDENT], Debtor was involved in [CAUSE OF ACTION]. On [DATE OF EMPLOYMENT APPROVAL], attorney [NAME OF ATTORNEY] was approved by this Court to represent Debtor in [HIS/HER] claims and causes of action arising out of the incident. The claim has been settled. The proposed disbursement, pursuant to such settlement agreement, is attached hereto as Exhibit “A” and incorporated herein by reference.
III.
The settlement proceeds in this matter [ARE / ARE NOT] exempt. (*Note: If the debtor is claiming the proceeds as exempt, the specific exemption MUST be cited and MUST match the Schedule C filed in the debtor’s bankruptcy case.)
PRAYER
WHEREFORE, PREMISES CONSIDERED, Debtor [NAME OF DEBTOR] requests that the settlement set forth herein be approved, that disbursement of the settlement proceeds in accordance with “Exhibit A” attached hereto be allowed, and that the Court grant Debtor such other and further relief to which [HE/SHE] may show [HIMSELF/HERSELF] justly entitled.
Respectfully submitted,
______
Date [Name, address, tele, fax, and bar number]
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served on this ____ day of ______, 20__, by U.S. mail, postage pre-paid, upon the following:
All creditors listed on the attached matrix.
Deborah B. Langehennig
Chapter 13 Trustee
3801 Capital of Texas Highway South, Suite 320
Austin, Texas 78704
[OFFICE OF THE UNITED STATES TRUSTEE]
[COUNSEL FOR DEBTOR]
[DEBTOR]
______
[SIGNATURE OF COUNSEL]
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
IN RE: §
[NAME OF DEBTOR], § CASE NO. 00-00000 - CAG
§
DEBTOR § CHAPTER 13
ORDER APPROVING SETTLEMENT
AND DISBURSEMENT OF SETTLEMENT PROCEEDS
Came on to be considered by the Court Debtor [NAME OF DEBTOR]’s Motion for Approval of Settlement and Disbursement of Settlement Proceeds. The Court, having considered such motion, is of the opinion that it should be granted.
IT IS, THEREFORE, ORDERED that the settlement be, and the same hereby is, approved, and that the settlement proceeds be disbursed in accordance with “Exhibit A” attached to Debtor [NAME OF DEBTOR]’s Motion For Approval of Settlement and Disbursement of Settlement Proceeds.
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