Trustee Objection

[Carloscda]

Just received a call from my Attorney, he said the trustee has filed an objection to my plan saying a creditor popped up (Resurgent Capital/Roundup Funding) on my credit report for $511?!
Now they weren't there when I filed in June or when I had my 341 in Aug?
So we're trying to figure out where this came from?

Now I have a back balance on my cell bill but it's only $250 so I don't know where the other amount is coming from?

He also said you're not supposed to be paying any kind of balance outside the plan? He's supposed to find out from the trustee Monday what's going on.

Will this get my case dismissed or will he allow my attorney to modify the plan when we find out where this other amount is coming from?

Thanks in advanced!

[HHM]

The trustee doesn't normally object if a creditor pops up. The trustee objection is probably related to some other issue.

It is the job of the trustee to object to something, so don't worry that you received an objection. Your attorney should be able to sort everything out.

[Nicollette]

Just received a call from my Attorney, he said the trustee has filed an objection to my plan saying a creditor popped up (Resurgent Capital/Roundup Funding) on my credit report for $511?!
Now they weren't there when I filed in June or when I had my 341 in Aug?
So we're trying to figure out where this came from?

Now I have a back balance on my cell bill but it's only $250 so I don't know where the other amount is coming from?

He also said you're not supposed to be paying any kind of balance outside the plan? He's supposed to find out from the trustee Monday what's going on.

Will this get my case dismissed or will he allow my attorney to modify the plan when we find out where this other amount is coming from?

Thanks in advanced!

Resurgent Capital/Roundup Funding filed a claim in my plan collecting for one of the charged off cc's that I included in my plan.

[Carloscda]

Resurgent Capital/Roundup Funding filed a claim in my plan collecting for one of the charged off cc's that I included in my plan.

How can they do that is it legal, what was the end result?

[lrprn]

How can they do that is it legal, what was the end result?

It's not uncommon for the original lender to have a secondary company represent them and collect the creditor's money during your 13.

It's also not uncommon for the original creditor to have sold your debt right before you filed to a collection agency or firm that then files a claim you weren't aware of when you filed.

Resurgent Capital, Inc. is one of the firms that original creditors hire to service their interests and collect their money during your 13. Here's their website - http://www.rcap.com/

It's much more common to get trustee objections in Ch 13 than in Ch 7. As HHM already said, your lawyer will sort this out and it's very likely all will be well.

[Carloscda]

I forgot the word he used but he said the creditor file a motion of?

[Carloscda]

UPDATE...
Spoke to the Attorney just now, he said sprint filed a motion of "Clawback"?

Things is where did the amount of $511 come from if my bill is only $250?
(having to pay down a sibling running up the bill)

He said he'll have to amend the whole plan & is going to charge me his fee again, is that about right?

[rrockinggramma]

so the trustee is going after sprint to give back to the court the money you paid on the bill so far? A clawback is getting money back. If you haven't paid them anything, then who and where is the trustee getting back the money from?

[caj0524]

Roundup Funding

...does collections for Verizon wireless.

[Carloscda]

"so the trustee is going after sprint to give back to the court the money you paid on the bill so far? A clawback is getting money back. If you haven't paid them anything, then who and where is the trustee getting back the money from?

I have the slightest idea?

To add, attorney said it's from a bill from 1997??!!
So I'm really confused now!


Like stated earlier at my 341 nothing was said about this?