I have an objection to a "creditor" meeting coming up

[Krissy1980]

Hi,

I was wondering, I have a creditor I objected to there amount they submitted in there proof of claim. there is a hearing coming up , Im in ch 13. How does these kind of hearings go? does the judge sometime reduce the amount owed ever in a 13 objection hearing?

Thanks in advance,

Krissy1980

[keepmine]

The judge will based on the evidence presented to him/her. Can you prove the claim is inflated?

[Krissy1980]

Yes

I can prove that he placed my son's money owed to my bill owed. Will that be good enough?

[HHM]

Well, how old is your son...what was the debt for...for that matter, how is your son involved, etc etc.

We really need much more back ground to give you anymore information beside wild speculation.

[Krissy1980]

Our CPA was doing work for both of our business's that are unrelated, I have no problem wanting to pay them back, I just had major financial hardship that caused me to go 13, his bill to the CPA is completely separate and I have nothing to do with it, my son went through a bad divorce and just went away and we cannot locate him. So the CPA put the entire bill to me and I am objecting it. What do you think may happen at the objection hearing? And my son is 37.

[HHM]

If you have fairly good evidence on your side, which is sounds like you do, my money is on you winning this objection.

[Krissy1980]

Yes I think I do.

I was going to bring the bills mine in my name and my sons in his name to show the judge. Do the ch 13 judges lean more towards the creditors or the filer of 13. I also have partnership on some property with equity, will this hurt my chap 13? My partner doesnt want to sell it so Im stuck. Whats your thoughts on that?

[HHM]

Judge's are not so much bias when it comes to questions of fact (which is what your case is). If you have good evidence, and better than the evidence of the creditors, odds are, you will win. But, Judge's can be somewhat bias when it comes to questions of law. If they are called upon to interpret the meaning of some statute, etc...then you might see some leaning one way or the other.

However, there are so many judges out there, there is no way to generalize. Most judges tend to be pretty fair.

As for the equity...it's not a problem per se, and if it hasn't come-up already, it probably won't. You don't need to sell the property given that, your creditors, through your chapter 13, would get the same amount of money as if you sold it and used the proceeds to pay back your creditors.