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Frequently Asked Questions by CREDITORS |
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You have classified my claim as unsecured although it is really secured. How do I get it changed?The Trustee's office does not
"classify" claims. If our records show the claim to be
unsecured, it is usually because the debtor has so classified the
claim. The classification in the debtor's schedules and plan may ultimately be binding on
you,
so you may want to consult your own attorney regarding whether action is
necessary
to protect your secured status. You may also consider consulting your own
attorney
about the appropriate classification of your claim, since the Bankruptcy Code is
the Back to TopThe debtor has missed plan payments. How many will you let him miss and still stay in Chapter 13?The bankruptcy laws do not fix a certain number of missed or late payments that will cause the dismissal of a case. The law merely makes "substantial default" a ground for dismissal. The Trustee's office has mechanisms and personnel in place to monitor debtor's payment histories, and we file many motions to dismiss for material default. However, a variety of variables affect when, if, and how often we resort to this remedy. Detailed information on debtor's payment histories can be found on the Trustee's website. After reviewing this material, a creditor may want to consult counsel regarding whether it may consider filing its own motion to dismiss. Back to TopWhen does a debtor's plan get confirmed?Local bankruptcy practice gives parties in
interest 10 days after the 341(a) meeting to
file objections to confirmation of the debtor's plan. If none are filed,
the plan is
confirmed as soon as is practicable after the expiration of that ten-day
period. If
objections are filed, they are set for hearing before the Court, and the
plan cannot
be confirmed until the objections have been resolved. If an objection is
sustained Back to Top
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