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Ask WA Bankruptcy Lawyer Your Own Question
WA Bankruptcy Lawyer
WA Bankruptcy Lawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience:  30 years practice. Author of several articles.
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I am creditor that has judgment against a debtror in ...

Customer Question

I am creditor that has judgment against a debtror in chapter 13 and the trustee listed it as unsecured creditor/debt. Judgment was in district court prior to the chapter 13 filing. Minnesota thus places a lien on property. Proof of Claim filed in time w/o supporting documents. Can I appeal to the Trustee? I have not been included in payment schedule.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  WA Bankruptcy Lawyer replied 8 years ago.
The trustee is not the judge. If you properly filed it as secured, it ought to be treated that way. The FIRST thing I would do is look at the Proof of Claim and make sure you checked the right boxes and filed it as secured. Filing without supporting documents presents a problem and I suggest, as a minnimum, that you refile with the supporting documents.

You may need to make a motion to the court to have your claim classified as secured. To do this, you really ought to have a lawyer represent you.