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    Objection to Proof of Claim question

    My attorney filed an Obj to Proof of Claim last friday for a claim that was not ours. I just checked pacer today and the judge filed an Order Overruling Obj to Claim. This debt was date of deliquency from 1997. My attorney filed grounds under beyond statue of limitations. Can someone please explain what does order overruling to claim means?

    Thanks,

    mbutterfly
    Filed Chapter 13 12/16/2008 1/30/09 - 341 Meeting
    3/5/09 - Confirmation Meeting-continued July 23rd
    8/23/09- Confirmation Meeting -Continued 1/17/10
    Payment: 60 months plan @ $319.00

    #2
    Clarification: Does the debt belong to you? In your post you said it was not your debt. But your attorney only challenged the age of the debt (he said it was beyond the statute of limitations). Did he mention that the debt did not belong to you?
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      StartingOver08,

      My attorney also filed a obj that the debt does not belong to me, I do not recall ever having Moneybank as a creditor. I am so sure that this debt is not mine. The creditor file a claim under my mainden name stating that I borrowed $$ from Moneybank. when MoneyBank filed a claim they did not attached any supported document.
      Filed Chapter 13 12/16/2008 1/30/09 - 341 Meeting
      3/5/09 - Confirmation Meeting-continued July 23rd
      8/23/09- Confirmation Meeting -Continued 1/17/10
      Payment: 60 months plan @ $319.00

      Comment


        #4
        Do you mean GE Money Bank? Be sure of what the debt is for. GE services a number of revolving credit accounts. We have them for carpets and furnace installation, for example.
        Filing for parents: Dad w/ dementia, mother working at 71, 3 special needs g'kids
        Rental property equity: $100,000, Consumer debt: $120,000
        First meeting with attorney 12/16/08
        Upshot: 60 mo plan, ~80% payback, rentals to trust & mom retires!

        Comment


          #5
          GE Money Bank is the lender for a lot of cards - one of the biggies is Lowes. Did you have a Lowes card?
          Filed CH 7 9/30/2008
          Discharged Jan 5, 2009! Closed Jan 18, 2009

          I am not an attorney. None of my advice is legal advice in any way..

          Comment


            #6
            No, never had a Lowes card under my maiden name... The only thing that I can think of was a cc under Mervin's department store inwhich they went out of business 8 years ago, but still, this debt is out of statue of limitations from 1997, and in florida it's 4 years .. why would the Judge overrulled it???
            Filed Chapter 13 12/16/2008 1/30/09 - 341 Meeting
            3/5/09 - Confirmation Meeting-continued July 23rd
            8/23/09- Confirmation Meeting -Continued 1/17/10
            Payment: 60 months plan @ $319.00

            Comment


              #7
              Update... I just spoke to my attorney, apparently my attorney did not serve the correct documentation to obj of claim. My attorney filed an Amendment today. Will have to wait 20 days see if MoneyBank does reply..

              Thanks to all for your reply.. Will keep you all posted
              Filed Chapter 13 12/16/2008 1/30/09 - 341 Meeting
              3/5/09 - Confirmation Meeting-continued July 23rd
              8/23/09- Confirmation Meeting -Continued 1/17/10
              Payment: 60 months plan @ $319.00

              Comment

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