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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed an objection to a claim by one of my creditors in my

Resolved Question:

I filed an objection to a claim by one of my creditors in my Ch 13. There is a hearing set concerning the objection, but I have to file an amended Ch 13 plan immediately.

1) Should I list the creditor in Section 2(b)(1) of form 1300.05 (the plan) and/or; 2) Should I list the creditor in Section 6(a) which states ... "pursuant to [section] 522(f)(1)(A) to avoid the judicial liens of the following creditors because they impair an exemption(s) of the debtor" ?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

You would not list the creditor in 6(a) unless it has a judgment against you - that's what a "judicial lien" is. Here's a good link you can read:

If this creditor is a secured creditor, but not a judicial lien, then 2(b)(1) should the the correct place to list it.
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