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I have one creditor doing an objection to confirmation, what…

Hi I have one creditor doing...
Hi
I have one creditor doing an objection to confirmation , what this means ?
Maybe becouse I put the wrong amount ?
Or they are looking for something also
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Answered in 2 minutes by:
6/28/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,299
Experience: 30 years experience representing clients.
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Are they objecting to the plan or the discharge?

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An unsatisfied creditor can object to almost anything that happens in bankruptcy, as long as the issue affects the creditor in some way. For instance, a creditor can object to something filed by the debtor (the person who owes the debts), a course of action proposed by bankruptcy trustee (the official tasked with managing the case), or even a position taken by the judge.

Here are common things that might elicit an objection in a bankruptcy case:

  • property the debtor lists as exempt from creditors on Sched C
  • expenses the debtor claims on Schedule J
  • the amount the debtor proposes to pay the creditor
  • a trustee’s motion to abandon the debtor’s property (instead of selling it for the benefit of the creditors)
  • the discharge (wiping out) of a particular debt
  • an uncollectible claim filed by another creditor, and
  • fees requested by the debtor’s attorney or other professional appointed by the court.

The objections that are the most damaging to a debtor are objections to the dischargeability (wiping out) of a particular debt and an objection to debtor’s general discharge (the complete bankruptcy).

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Did you have further questions? Have I answered your question? Since your satisfaction with my service is important to me, please let me know.

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Customer reply replied 1 month ago
They are objecting the discharge

An objection to the debtor’s general discharge has a broader impact and requires more effort to be successful. A creditor (or the trustee) will have to file an adversary proceeding (a lawsuit) within 60 days of the date first set for the 341 meeting of creditors—the one court appearance all debtors must attend. Then the creditor must prove the filer committed at least one of the following acts during or before the bankruptcy case:

  • defrauded a creditor
  • concealed, destroyed, or transferred property of the bankruptcy estate
  • destroyed, lost, or failed to create adequate records
  • failed to explain the loss of assets, or
  • lied under oath.

If the court denies the discharge, the debtor will continue to remain liable for all the debts after the bankruptcy case gets dismissed.

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,299
Experience: 30 years experience representing clients.
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Loren and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
If the court denies the discharge, how I’m suppose to pay if I’m broke?
Then you are either judgment proof or there are assets vulnerable to attachment by the creditor.
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Customer reply replied 1 month ago
Who determines I’m judgment proof and when
Thanks
If you have assets that are not exempt, in whole or in part, or income, then you are not judgment proof.
You can be broke, but still have vulnerable assets.
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Customer reply replied 1 month ago
I have income , and a payment plan in chapter 13
But I’m a household with 2 dependen my wife unemployed and my 9 years old
It does sound like there may be assets.
Defend the objection as best you can at the hearing.
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Customer reply replied 1 month ago
Loren .your answers has been very helpfull . Thank you..
You are very welcome. Best of luck.
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