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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2820
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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If one objects to a creditors claim in a Ch 13, how is the

Resolved Question:

If one objects to a creditor's claim in a Ch 13, how is the claim to be dealt with in the Ch 13 plan ?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

The claim is dealt with however the court rules on the objection

Terry L. :

The court will allow the claim for a certain amount, or disallow it, and the plan will treat it accordingly.

Terry L. :

When drafting the case, treat the claim as you wish it to be treated, and then you can always amend the plan after the hearing on the objection

Terry L. :

Let me know if you have any other questions.

Terry L. :

THanks

Terry L. :

Tery

Customer: replied 3 years ago.


The creditor has filed a claim with which I disagree.

I filed a notice disputing the claim and the court has scheduled a hearing on the matter.

I need to file an amended plan immediately.

If I understand you correctly, I should list the claim as I wish it to be treated. In my case, I want the claim to be entirely denied, so I should not list the claim at all in the plan ?
Expert:  Terry L. replied 3 years ago.
You should wait until the outcome of the objection. You may not have to file any amendments, if the order, disallows the claim, or allows the claim at a different amount, that order will allow the trustee to adjust payments accordingly.
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