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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
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Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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This is a chapter 13 question that involves an objection to

Resolved Question:

This is a chapter 13 question that involves an objection to a claim. There is no local rule in the court where the debtors case was filed which sets a deadline for objecting to claims. The Debtors objected to the subject claim before payments began to unsecured creditors. This was about 4 years into a 5-year plan. Only creditor is causing a problem to the debtor. Although that debtor filed a timely claim, the creditor is basically saying that the objection to the claim should not be sustained because the subject creditor was not listed on schedule F. The Debtor disputes the entire amount of the claim (which is substantial) and says she does not owe it and never has owed it. Regardless of the validity issue, should the Debtor now go back and amend schedule F and list this creditor on an amended schedule F? The creditor is actually an insurance company that paid a claim for the insured which seems that the insured may also need to be listed. Should the insured also be included on an amended schedule F? Would this be listed as contingent and unliquidated? Thank you in advance for your assistance.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Elizabeth Prentice replied 1 year ago.
Since the Debtor disputes she owes the claim in her objection, it would be unwise to amend Schedule F. By amending Schedule F at this juncture, you would be conceding she owes it. I would wait until hearing on the matter and see what the Judge says. Obviously the debtor's argument is that she never owed the money, therefore it was properly not listed on Schedule F.

If the Judge says it is a permitted claim, only then should Schedule F be amended. Moreover, the Ch. 13 Trustee will require you to do so should the Judge permit the claim. It will merely be an unsecured claim. You shouldn't click contingent or unliquidated in Best Case if you amend, unless the Trustee says you have to.

Lastly, I would advise you consult with the Chapter 13 trustee assigned to this case (or the assistant attorney) to see if they have any feelings one way or the other before the hearing on the Objection.

I hope my answer has assisted you and that you will provide me a positive rating.
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience: Managing Attorney for one of the largest consumer bankruptcy firms in America.
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Elizabeth Prentice
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Managing Attorney for one of the largest consumer bankruptcy firms in America.