FREQUENTLY ASKED QUESTIONS
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 the Trustee's records show the claim to be unsecured, it is usually because the debtor has classified the claim in that manner. The classification in the debtor's schedules and plan may ultimately be binding on the creditor's treatment. A creditor may want to consult its 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 because the Bankruptcy Code defines a secured claim.
The debtor has missed plan payments. How 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. The Trustee's office files motions to dismiss for material default in many cases. However, a variety of variables affect when, if, and how often, the Trustee's office resorts 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.
When does a debtor's plan get confirmed?
Local bankruptcy orders give parties in interest 14 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. 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 by the Court, the debtor probably will be allowed to file an amended plan. Creditors should receive a copy of the amended plan, along with a notice of a new period during which objections may be filed.