Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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.
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
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?
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.
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.
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.