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Attorney2020, Attorney
Category: Bankruptcy Law
Satisfied Customers: 2556
Experience:  I am a practicing attorney. I have experience in business law, real estate law, bankruptcy and estates.
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Kirk, No problem with the delay as your answer at least

Customer Question


No problem with the delay as your answer at least confirmed authoritatively what I had discovered. I do have another related question, however.

On the same document, the trustee's lawyer wrote ""Service on P.2(b)(1) creditors (including IRS) appears to be inadequate. See last page of plan."

The last page of the plan has names and addresses for the three secured creditors who may be paid through the plan at the trustee's discretion (I suppose).

Any idea what he means ?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Attorney2020 replied 3 years ago.

Attorney2020 :

It appears that the service for the three creditors on the last page was inadequate. You may not have served them properly with the appropriate papers being certified mail to their agent for service of process, hand delivery or whichever other means that you attempted to serve them with. Typically certified mail suffices. Confirm the names and addresses on the last page and make sure you served them correctly.

Attorney2020 :

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Customer: replied 3 years ago.
Creditors were notified by the court when I filed pro se. I amended the creditors list later and notified the additional creditors myself via regular mail. I then hired an attorney who filed an amended plan, but it had at least two substantive errors in it so I fired him. I'm once again pro se.

That said, (1) Do all creditors (secured or not) have to be renotified of every amended document and/or plan whether or not it affects them ?; (2) Is the trustee's office required to explain ambiguous language such as this ?; and (3) What would be involved in my objecting to the IRS' claim to my nominal, otherwise exempt, personal property by their "right of setoff" ?. Months before I filed Ch 13, I was told through an attorney that they (the IRS) would not pursue collection actions for my 2001-2 tax liabilities unless my financial condition improved significantly and that the Tax Lien they filed in 2005 would expire normally in 9 of 13. Can they not be held to that???

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