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Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience:  Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
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I filed an objection to one of my creditors claims in a Ch

Resolved Question:

I filed an objection to one of my creditor's claims in a Ch 13 case.

The creditor's attorney filed a response and included what appears to be boilerplate language about the eligibility of attorney's fees. All he did was write one letter. What should I expect ?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 1 year ago.

cortrightlaw : You will be set for a hearing on the objection and if you and the creditor can not come to an agreement then the judge will set a trial on the claim after which the judge will decide the validity of the claim.
cortrightlaw : The amount of the claim really only matters if your chapter 13 is a 100 percent plan. If it is a small repayment percentage the total amount of your claims is really irrelevant because your payment will not change based on the total of the claims.
Customer: replied 1 year ago.
The creditor holds the note to my car albeit at an exorbitant interest rate.

A "hearing at which no testimony will be heard" had already been scheduled before the creditor responded to my objection.

I am fairly certain that the judge will grant their claim because of the 910-day rule (something of which the atty I hired was apparently unaware). He has since been dismissed formally.

My plan is nowhere near 100% if I understand you correctly, but I want to avoid being penalized with attys fees. The only creditors surviving are the car lien holder, maybe the IRS, and student loans.
Expert:  cortrightlaw replied 1 year ago.
What I am try to convey is let's try an example if you payment is set at 100 a month, first the secured if any would be paid and then if there is anything left over that is distributed among the remaining unsecured creditors. Usually the unsecured are only getting a few cents on the dollar. So if the claim is unsecured then it provably does not matter much if at all. If is secured then it would have to be paid at 100 percent and would be more important.
Customer: replied 1 year ago.
What I'm trying to convey is that I'm not concerned about the claim on the car. I'm asking what to expect regarding the legal fees that might be claimed if the creditor wins the claim as they surely will. My understanding is that the interest will be lowered to a statutory 5%.
Expert:  cortrightlaw replied 1 year ago.
As to the attorney fees you would need to look back to your original contract and if there was a provision for attorney fees based on default to enforce the contract them you will be stuck paying them.
Customer: replied 1 year ago.
Thanks for your response, but I am not satisfied with your answer.

Please do not respond to my questions if I decide to repost them.
Expert:  cortrightlaw replied 1 year ago.
Well good luck hopefully you can find someone who can give you the answer you are looking for.
Expert:  Fritz replied 1 year ago.

Please correct me if I'm incorrect on any of the facts, but here's my understanding of what's happened so far: You filed an Objection to the auto finance company's Proof of Claim seeking to cram down/reduce the principal balance owed on the auto loan. However, since you actually owned the vehicle for less than 910 days on the date of filing, the vehicle is not eligible to be crammed down. The auto finance company then responded with something along these lines, along with a boilerplate provision requesting attorney's fees.

 

One simple solution might be to simply withdraw your Objection. If the Objection is withdrawn and there's no hearing, it's unlikely that attorney's fees would be awarded to the auto finance company.

Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Fritz and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Is there a specific form needed to file the withdrawal ?
Expert:  Fritz replied 1 year ago.

You should be able to simply file a Notice of Withdrawal of your Objection to Claim. It doesn't look like there's any specific Local Form for this, but here's an example of the type of Notice of Withdrawal a Debtor would file: http://www.motorsliquidationdocket.com/pdflib/4891_50026.pdf

 

When you file your Notice of Withdrawal, you should ask the clerk whether the hearing on your Objection will automatically be canceled upon filing your Notice, and if not, what you need to do to have the hearing canceled. Good luck with your case!

Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Fritz and 4 other Bankruptcy Law Specialists are ready to help you

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