Help! what are these letters I received in the mail today

[eich74]

Letter #1

Trustee's Objection to Claim:

NOW COMES Douglas B. Kiel, Chapter 13 Trustee and moves for an Order Disallowing claim.
Creditor appears to be collecting on a debt that is past the statue of limitations.

Wherefore, the Trustee prays for an order:
Disallowing claim # in the amount of $x,xxx.xx

Letter #2

Order on Objection to Claim:
Upon the motion of Douglas B. Kiel, Chapter 13 Trustee, it is:
ORDERED that the claim is disallowed as unenforceable against this estate

Letter #3

Local Bankruptcy Form 9013-1.1
Notice of Trustee's Objection to Claim

Objection deadline 3/13/17

YOU ARE HEREBY NOTIFIED that Douglas B. Kiel, Chapter 13 Trustee has filed an Objection to Claim filed by Midland Funding LLC with the bankruptcy court and requests the following relief: that an Order disallowing Claim in full be entered.

If you desire to oppose the Motion you must file a written objection on or before the deadline stated above and request a hearing with the Bankruptcy Court...

In the absence of a timely, substantiated objection and request for hearing the an interested party, the court may approved or grant the requested relief without any further notice to creditors or other interested parties.



There are two sets of letters for 2 different claims the trustee is objecting to, stating the exact thing, only the amounts are different. If I am reading letter #1 correctly, the Trustee is saying the statue of limitations has expired and the creditors can no longer make claim to the money owed to them. Letter #2 is that the objection has been approved by the bankruptcy court. Letter #3 is what I don't understand. It is addressed to us not the creditor and it is stating we can object to the ruling? Why would me the consumer (debtor) want to do that?

How does this affect my bankruptcy as far as being discharged. I made my last payment today. No money has been paid out of the plan to these 2 creditors. Does that mean that any money that was earmarked for them gets distributed to others in the plan or do I get money back as the plan payment was based on these two being paid a portion?

And why in Letter #1 is the trustee praying? Like I get an image in my head of the trustee in front of the judge on his knees with hands folded in prayer to allow the objection. What is that all about and why use that terminology?

For the last 35 months everything has been as smooth as a baby's butt until getting this. I am worried, should I be?

[justbroke]

There are two sets of letters for 2 different claims the trustee is objecting to, stating the exact thing, only the amounts are different. If I am reading letter #1 correctly, the Trustee is saying the statue of limitations has expired and the creditors can no longer make claim to the money owed to them. Letter #2 is that the objection has been approved by the bankruptcy court. Letter #3 is what I don't understand. It is addressed to us not the creditor and it is stating we can object to the ruling? Why would me the consumer (debtor) want to do that?

The Trustee just doesn't think certain creditors should be paid from the Chapter 13 funds because they are not "legally" entitled to any distribution (statute of limitations). The other letter is just a notice informing you that the Trustee is objecting to the claim and that you are entitled to, as a matter of law, assert yourself inside that process.

This doesn't affect your discharge. The Trustee doesn't want to give them any money. The Trustee needs to disallow those claims, first, so that they can legally not pay them. It's really a non-issue for you personally.

Whenever you ask the Court to side with you, you "pray" that the court will. It's called a prayer for relief.

Absolutely NOTHING to worry about. This is case administration. I'm actually glad to see that some Trustees actually care about a case and actually look at the claims. In my case, I specifically objected to claims that didn't make sense, were past the statute of limitations, and/or had no proof of a valid claim. The Trustee did nothing.

[BNKRPTinNC]

Letter #1


And why in Letter #1 is the trustee praying? Like I get an image in my head of the trustee in front of the judge on his knees with hands folded in prayer to allow the objection. What is that all about and why use that terminology?

That's exactly as you described.

JK - pray: to formally request judicial judgment, relief and/or damages at the end of a complaint or petition. (legal definition)

[Chrysalis]

Very interesting about the praying part. I never would have understood that, either!

[eich74]

Thank you both for the explanations. It makes more sense now. The end is near