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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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This is a chapter 13 case. The Debtor is toward the end of

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This is a chapter 13 case. The Debtor is toward the end of a 60 month plan. They just got a default notice saying that the claims filed render the plan not feasible or payments are not sufficient to provide adequate protection to creditors. Further the notice says that the payments must be raised an amount that doubles there current monthly payment. Is there a deadline to object to a claim? I know the deadline to file a claim is after the confirmation date in this particular jurisdiction, but if it is found that some secured claims that were too high went through the process undetected, can the debtors still object to certain secured claims? Thank you in advance for your assistance.
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.

One question - - who sent the notice? Was this from a creditor, the trustee or what? Thanks.

Customer: replied 4 years ago.
It was from the Trustee
Expert:  Roger replied 4 years ago.

Ok. Thanks for the information.

Generally, the Debtor or any party in interest has until confirmation to object to a claim. Of course, the court could order otherwise, but if there isn't an order in place that allows for post-confirmation objections, then you're likely currently out of time.

However, you could file a motion with the court (in lieu of this recent filing by the trustee) to re-open the time to object to claims and see if the judge will allow you to address these issues and try to reduce the debts claimed by the current proofs of claim.

If the judge denies your motion, then you'll be stuck with the numbers that are in place, unfortunately.

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