The Chapter 13 Process – Part 7
By Douglas Jacobs, California Bankruptcy Attorney on Oct 7, 2007 in Chapter 13 Bankruptcy
Now that you have received the claims list, and know who has filed a claim, and the amount they have indicated is owed, you need to make a careful decision with your attorney as to whether or not to file an objection to any of the claims. My friend, Karen Oakes, wrote a terrific note on why you should file an objection even in a 0% plan.
The process followed, however, requires a court hearing and a determination as to the amount owed, whether the creditor has added extra costs or fees that they aren’t entitled to receive, and whether they have misclassified the claim as secured or priority when it shouldn’t be either.
For example, the IRS almost always lists un-paid taxes as priority debts. Sometimes, however, particularly for old income taxes, they are dischargeable unsecured, non priority obligations. You should file an objection. When the IRS gets a copy, they can file an amended claim and resolve the dispute without a hearing.
If a hearing is necessary, your attorney will file a motion and an objection to the claim with the court and it will be set for an evidentiary hearing. The creditor will have to substantiate its claim with the supporting documentation attached to the claim. You will have a chance to object, present your side of the controversy and demonstrate why (and how) the claim is wrongly filed. The judge will make a decision, and the claim will be either rejected in whole or modified as necessary.
If you liked that post, then try these...
The Fate of Co-Signed or Guaranteed Debt in Bankruptcy by Jonathan Ginsberg, Atlanta Bankruptcy Attorney
New York Bankruptcy Exemptions - Part One by Peter Orville, Attorney at Law
Bankruptcy In Florida: Chapter 13 Two Years After Reform by Carmen Dellutri, Attorney at Law
You must be logged in to post a comment.