Creditor objections

[mia111]

Hi, I am not sure,it may have been told to me by my attorney or in my paperwork,but how long do creditors have to object?
my 341 was Nov 30th,06,thanks

[emoney]

Sixty days.

[mia111]

hi,thanks is it ,60 days after 341 meeting?

[9877donna]

hi,thanks is it ,60 days after 341 meeting?

YES....

[HHM]

Since you posted this question in the chapter 13 forum, I will assume you are filing chapter 13 correct?

Thus, we need to clarify what objections creditors make in a chapter 13! Creditors typically do not file Objections to Discharge in Chapter 13's. There are several reasons for this which need not be addressed here, but a Chapter 13 discharge, sometimes referred to as a Super Discharge (because you ultimately get to discharge more types of debt than a chapter 7) takes care of most of the reasons a creditor files an objection to discharge.

Creditors can file an Objection to Plan Confirmation. Obviously the deadline for this is usually some amount of days before the confirmation hearing, and from what I have seen, the deadline can vary from district to district. It is usually secured creditors, the IRS, or some other holder of a "priority" claim as defined by the BK code that file these objections. An objection to confirmation is usually filed by a creditor if the debtor is has not, or under-provided for, the creditors claim in the their chapter 13 payment plan (i.e. the creditor is legally owed more money than the chapter 13 plan will pay them).

Objections to confirmation are typically rare because usually the dispute is about how much the creditor is owed, and that will usually get worked out by your attorney and the creditors attorney.

However, Trustee's file objections all the time. In fact, it is rare to have a case where the trustee does not file some kind of objection. The trustee's usually file objections for some technical defect in the plan or for a dispute over disposable income, or for failing to provide certain documents at the 341. However, 98% of these issues are resolved prior to the confirmation hearing between the trustee and the debtor's attorney. Most common, the trustee will inform your attorney at the 341 what problems he has with the plan, the attorney will consult with their client, and then file an amended plan that addresses the trustee's concern, and all is well.

[aa06a47]

......., but a Chapter 13 discharge (sometimes referred to as a Super Discharge, because you ultimately get to discharge more types of debt than a chapter 7, takes care of most of the reasons a creditor files and objection to discharge).

This "super discharge" was bascially taken out with the new law. While the credit card companies have been slow to act on the Chapter 13 filers, I figure it is only an amount of time before doing so. Under the old law, you could have gotten cash advances the day before filing, and there was little or nothing the creditors could do. Under the new law, the same restrictions for dischargability of debt in a Chapter 7 apply to a Chapter 13.

As you stated though, creditors have not wasted there time filing complaints, however, I figure they will start going after what they can get.

In a nut shell, if you were careful about pre-bk timeline, you have little or nothing to worry about. The trustee is the one who usually files objections to confirmation.