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Roger
Roger, Attorney
Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can a person object to being added to Schedule F (List of Creditors)

Customer Question

Can a person object to being added to Schedule F (List of Creditors) after U.S. Bankruptcy Court Chapter 13 Plan Confirmation? If so, how? Thanks.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

Generally, the time to object to a chapter 13 plan is before confirmation. The court sets a deadline for any objections to confirmation to be filed, and if they didn't do that, it's not likely that the creditor has a right to dispute the terms of the plan.

Customer: replied 1 year ago.


Thank you for the response. Let me clarify.


 


The debtor's Ch 13 Plan was confirmed on 05-31-12.


 


My name was not listed on Sched. F Creditors List until


11-30-12.....six months later!


 


Can a person object to being added to Schedule F (List of Creditors) after U.S. Bankruptcy Court Chapter 13 Plan Confirmation? If so, how? Thanks


 


 

Expert:  Roger replied 1 year ago.
Hi - thanks for the clarification.

In this case, you could object to the dischargeability of your debt OR you can object to being included in the plan IF you weren't noticed of the bankruptcy and given an opportunity to state your objection to any offer of repayment.


Customer: replied 1 year ago.

Hello Mr. Adams:


I was NOT so noticed and had no opportunity to make objections.


 


Can you please cite the relevant F.R.B.P. laws/rules so that they may be reviewed?


 


Thanks again.


 


 


 

Expert:  Roger replied 1 year ago.
Creditors are required to be noticed under section 341 - http://www.law.cornell.edu/wex/341_notice

Generally, if a creditor is not noticed, the debt is not affected and the creditor can pursue the debtor or the debt. However, this is a little different if your debt is included in the repayment plan. Thus, you'd likely have to file a objection for failing to be noticed.

There may be other claims for relief, but that's the main thing.
Customer: replied 1 year ago.

Dear Mr. Adams:


The debt owed to me is not in the repayment plan since Schedule F was not amended to include me as a creditor until Nov. 30, 2012 and the Ch. 13 plan was confirmed on 31 May, 2012. The debtor has already had a 341 meeting. I do not think there is going to be another 341 meeting due to the Sch. F amendment. Thanks for your commentary.


C.H.


 


 

Expert:  Roger replied 1 year ago.
Ok. Sorry for the misunderstanding.

What I'm saying is that IF you weren't given notice under section 341, that would give you the right to object to your inclusion in the bankruptcy.

Also, if you are not being paid through the plan, then the debt owed to you should not be affected by the bankruptcy. What troubles me and what is a little unusual is that your debt was added after the confirmation - - that doesn't happen without a motion to modify the plan to include the debt.

Thus, you need to consult an attorney to file a motion to allow you to object to the debt based on the failure to notice you despite being included in the schedules post confirmation.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27200
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.


Hello!


 


The debtor's attorney simply filed an amendment to Sch. F to include me as a creditor.


 


A two page "objection to discharge and motion to except debt from discharge" is being prepared.


 


I cannot be paid through the plan since the plan was confirmed on May 31 and the debt to me was not included in the plan.


 


Further, the amendment to Sch F and subsequent notice of bankruptcy STAYED proceedings in municipal court to collect on ajudicated debt.


 


I have seen no such motion to modify the plan.


 


Thanks for providing the answer of filing an objection.


 


CH


 

Expert:  Roger replied 1 year ago.
No problem. Glad to help.

You'll probably see the debtor file a motion to amend the plan to include your debt in the repayment plan. That's not likely a bad result as it will allow you to collect the amount owed.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for my time.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27200
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello Kirk Adams:


Thanks for your input. Are you located in Greater Cleveland? If so, a consultation would be in order on this matter. Take care.


 


 

Expert:  Roger replied 1 year ago.
Unfortunately, we're not allowed to take on clients through the site. You can visit www.martindale.com to find a local attorney.

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