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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38802
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I received a sum of money that allowed 100% payment of unsecured

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I received a sum of money that allowed 100% payment of unsecured creditors during the 1st year of a 5y plan. The trustee has begun the closing process for our Chapter 13. There are two vacated properties that are listed a secured claims.
Foreclosure proceeding have begun on the two properties. I strongly believe the market value is well below the secured claims.
The bar date passed on 4/9/09.
I am concerned that the secured creditor/s may object to the closing because of the early payoff.

Please answer:

1) What recourse does a secured creditor have to collect an unknown loss/unsecured amount after the plan is approved by the court?

2) Can the secured creditor amend the proof of claim after the bar date has passed? When they filed, they filed as all secured credit.

3) In a Chapter 13 plan, does the judge have any judicial discretion is such matters?

4) Given that we have repaid the unsecured creditors 100%, all lawyer fees and court fees; can any creditor still make/change a claim?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

1) What recourse does a secured creditor have to collect an unknown loss/unsecured amount after the plan is approved by the court?

 

A: The creditor cannot attempt to collect on the original debt. However, the creditor can simply foreclose the secuirty interest.

2) Can the secured creditor amend the proof of claim after the bar date has passed? When they filed, they filed as all secured credit.

 

A: Permitting the amendment to a proof of claim "lies within the equitable discretion of the bankruptcy court." In re Wilson, 96 Bankr. 257 (1988). The crucial question is whether or not the amendment would prejudice the objecting party, which could be another creditor or the trustee, as easily as it could be the debtor.

3) In a Chapter 13 plan, does the judge have any judicial discretion is such matters?

 

A: See #2, above.

4) Given that we have repaid the unsecured creditors 100%, all lawyer fees and court fees; can any creditor still make/change a claim?

 

A: This actually could weaken your position, because the secured lender's request would not prejudice the other creditors -- as they have already been paid.

 

Hope this helps.

 

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