My plan was confirmed on 11/2 and one of my secured creditors just filed their claims today. My question is, they filed one of the claims as secured (cross collaterized with credit union) and I did not have it listed that way, nor did my plan list payment for it. In addition, they have the total loan amount listed as secured for a loan that I surrendered to them. What happens now? Is this something that happens regularly? In addition, for a vehicle I was keeping, the plan called for a lesser amount to be repaid than what they are listing on their proof of claim. Can anyone tell me what to expect, is this anything to worry about?
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get your attorney to object to the claim as filed. -
What rockinggramma said. Your lawyer has quite a mess to unravel.Originally posted by rrockinggramma View PostI am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to goComment
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Ok, I think my attorney will get notice of these. Should I wait to see if my attorney automatically objects, or is this something I have to bring to her attention? With the holiday, I don't think she's in the office this week. Is there a time frame to file an objection to the proof of claim?Comment
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never wait for your attorney. You call them and make sure that objection is filed asap, even if the paralegal's try to tell you it is ok. This is a claim that affects confirmation. Get it done now!Comment
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Just got off the phone with my attorney's office. Her assistant starting laughing when I told her who I was and she said, "Wow, have you seen those claims that XXXXX filed, they really messed them up.". She said no worry, our plan was confirmed on 11/2 and that she has post it notes all over these claims for my attorney to review and submit objections as soon as she gets into the office.Comment
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Sounds like your lawyer will be all over this late claim - excellent! Hopefully you can relax a bit now.Originally posted by klux View PostI am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to goComment
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