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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Can a trustee object to a plan that doesnt include debt that

Resolved Question:

Can a trustee object to a plan that doesn't include debt that is marked as disputed? Esp. considering an adversary proceeding has been filed?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi JACustomer,

The trustee can object to the confirmation of a Chapter 13 for a number of reasons. Bankruptcy Stat. 1325. Not including a disputed debt in the plan is not one of those reasons. In other words, according the Bankruptcy Code, the trustee cannot object to a plan because a disputed debt is not included.


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