(1) If the debtor accepts the creditor's claim at face value, should the debtor's attorney just add the creditor to the list of creditors who are to be paid, or should the attorney still demand validation from the creditor.
A: It's up to the debtor to tell the attorney whether or not the claim is valid. If it's not, then the attorney can file an objection to the proof of claim. If no objection is filed, then the claim is deemed valid.
(2) If the creditor is added to the bankruptcy petition, would the debtor be required to file an amended Schd D/E/F (depending on type of creditor), pre-confirmation Chapter 13 Plan Modification, and notice?
A:The Chapter 13 plan must "provide for" the additional claim, and the additional claim must not push the amount of secured ($1,081,400) or unsecured ($360,475) debt over the statutory limits. Otherwise, the debt will not be discharged at the conclusion of the Chapter 13 plan.
Hope this helps.
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