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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17252
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I filed chp 13 and a few weeks ago and I got a "OBJECTION TO

Customer Question

I filed chp 13 and a few weeks ago and I got a "OBJECTION TO DEBTOR'S SCHEDULED VALUATION AND CLAIMED EXEMPTIONS OF SCHEDULED PROPERTY" notice. I actually made a mistake and under valued the car and took a $1,000 exemption. So now a hearing is set for 07/05/2012. I amended the documents as required by the attorney who served me, made the exemption to be zero and valued the car at what he proposed it should have been. I sent the amended paper work to him and the court. I also sent him an email. I have not received a response yet. What should I do to make sure the meeting is going to be cancelled. I am out of town and will not be able to attend and even if I was I wouldn't want to drive 2 hours to the court. I fixed what the attorney said was wrong. I just don't want to not show up for a scheduled hearing and that would make me look bad. It is a non evidentiary hearing. If I don't show can my chp 13 filing be dismissed? The 341 meeting is at the end of the month.

Country relating to Question: United States
State (if USA): Florida
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

Expert:  WALLSTREETESQ replied 5 years ago.

If you made the changes, the creditor in most cases would withdraw their motion and the issue would be moot. The fact is if the creditor or the trustee did not ask for the case to be dismissed, and you fail to appear, then the Credtiors motion would be approved, and in reality nothing would change, your 341 meeting would still take place.

If you cannot appear, I would send a letter to the trustee, creditors attorney and Judge, simply stating that the changes were made in your schedule, and you could not appear at the hearing.

In almost all situations, you would be fine, and the Court would not dismiss your entire chapter 13 petition. The only way the chapter 13 could be dismissed is with a separate hearing where you are served with papers requesting a dismissal, if you were never served this, your case would not be dismissed.