I have a question regarding the area of Schedule F labeled "Disputed."
When you mark this Disputed box under the claimed amount by a creditor, what exactly does this mean? Does it mean that you will be going into an Adversarial Proceeding or does it mean that you are asking your Trustee and possibly the BK court to look closer at the claimed amount from this specific creditor?
My significant other can't afford to go into an Adversarial Proceeding regarding this one specific creditor that claims what he is owed is community debt, although I'm the one that entered into the retainer agreement 2.5 years after my husband and I separated. This creditor included my estranged husband on the lawsuit against me. I live in a community property state. I did not file a joint petition nor did I include my estranged husband's income, etc., since we are separated for over 3 years and all accounts have been kept separate, etc. We have no joint debts. We have not co-signed on anything, etc., in at least 10 or more years.
He is expecting to file his Chp 13 within the next week or two. He is going to have to list this creditor on his petition since he is named on the lawsuit.
Does anyone, esp a mod, know what happens during the BK process when you check the box on Schedule F as a claim being disputed? Will there be a hearing, etc? I just need to know what may happen and if he is going to have to hire another attorney to represent him at any hearing regarding the disputed amount.
Thank you for any responses.
When you mark this Disputed box under the claimed amount by a creditor, what exactly does this mean? Does it mean that you will be going into an Adversarial Proceeding or does it mean that you are asking your Trustee and possibly the BK court to look closer at the claimed amount from this specific creditor?
My significant other can't afford to go into an Adversarial Proceeding regarding this one specific creditor that claims what he is owed is community debt, although I'm the one that entered into the retainer agreement 2.5 years after my husband and I separated. This creditor included my estranged husband on the lawsuit against me. I live in a community property state. I did not file a joint petition nor did I include my estranged husband's income, etc., since we are separated for over 3 years and all accounts have been kept separate, etc. We have no joint debts. We have not co-signed on anything, etc., in at least 10 or more years.
He is expecting to file his Chp 13 within the next week or two. He is going to have to list this creditor on his petition since he is named on the lawsuit.
Does anyone, esp a mod, know what happens during the BK process when you check the box on Schedule F as a claim being disputed? Will there be a hearing, etc? I just need to know what may happen and if he is going to have to hire another attorney to represent him at any hearing regarding the disputed amount.
Thank you for any responses.
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