What To Do

[diviaruba]

If, God forbid, something happens in the course of your 13, and you can't make the payments and your case is dismissed, then ALL certified creditors can come after you for the balances and interest. So, it's not so much that your payback % or amount would change, if B-Real is included, but that their debt would be considered legit if your 13 fails.

[woeisme]

Can't all creditors, whether certified or not, come after you if CH 13 is dismissed? I think you lose all protections, and anyone you owed money to can come back at you if dismissed, not just those that the trustee certifies. Even if someone didn't bother to make a claim, they could still go after you if you don't have a discharge or the protection of the BK stay.

[SANRA308]

that was my understanding all that certification and stuff only counts if you complete your plan and get a discharge, besides I think we will lose this case anyway unless thier lawyer does not show unlikely there are 5 other cases same day, same attorney, all the cases I read where "I,ve never heard of this company or recieved any information from them and I do not believe I owe them the debt" has not worked. theres a hearing on allowance of attorney fees that going to be schedualed after this hearing, and I noticed B-real is the only one objecting to our attorneys fees

[diviaruba]

Can't all creditors, whether certified or not, come after you if CH 13 is dismissed? I think you lose all protections, and anyone you owed money to can come back at you if dismissed, not just those that the trustee certifies. Even if someone didn't bother to make a claim, they could still go after you if you don't have a discharge or the protection of the BK stay.

Yes, that's true, but if it's adjudicated that you don't owe that debt, that creditor cannot legally enforce collection, even without the protection of the discharge or the automatic stay. That's what you're asking the court to do in your objection.

[aa06a47]

One of the things you may also want to consider is if you were to have some financial windfall which goes to the bankrutpcy estate. If your paying money to someone who didn't proove there claim, and the windfall would put you in a 100% payback, that would be money for you instead of B-Real. You have to look into that consideration if you might inherit money..etc.