Can a creditor object to a chapter 13 discharge?

[puggymoo]

I am confused. I have read on the internet that a creditor cannot object to a chapter 13 discharge but they can only object to the confirmation. I have asked the paralegal and all she can do is be a B@#*. She tells me that they can object. Who knows the real answer for this question? Objections to discharge end on monday and our discharge is scheduled for thursday.

If there was an objection how would we find out? They(trustee) have already stopped the payroll deductions 3 weeks ago. I am to assume from what the trustee's office told us that we are done. They can't give legal advise.

[AngelinaCat]

The object of a Chapter 13 is to attempt to make payments on all your debt, even if it works out to only be pennies on the dollar. If your plan was confirmed, and you are now at the end of your plan, I would think that any opportunity for that creditor to object would have long passed.

[newbie2]

The "objection" is a bit different when it comes to the end of a Chapter 13 plan. A creditor can object if they didn't receive as much as had been stated in the confirmed plan, or if continuing obligations were not met during the plan (IE If you are behind in secured debt payments that you were supposed to make during the plan, if you incurred a post filing tax debt that wasn't paid in the plan, etc.) When the "objections" come up at the end of the plan they are usually from mortgage companies and they normally state something like "XXX is behind in their payments" or "XXX has a shortage in their escrow account".

[frogger]

Yes, objections can be made:

NOTICE OF TIME TO OBJECT TO DISCHARGE
Pursuant to 11 U.S.C. §§ 727(a)(12) and 1328(h), notice is hereby given that it appears to the Court that the above−named Debtor(s) is/are entitled to a discharge. Unless a party submits an objection based upon 11 U.S.C.§522(q) within thirty (30) days of the date hereof, a discharge will be entered in this case. If no objection is timely filed, a discharge will be entered within fourteen (14) days of the deadline. If an objection is filed, a hearing will be set.

[puggymoo]

This is why I am confused. Our mortgage company filed a secured claim only and that was surrendered to them. There was NO money in confirmation plan to be paid only surrendered. Our plan paid all other creditors 100% that filed claims.

[newbie2]

This is why I am confused. Our mortgage company filed a secured claim only and that was surrendered to them. There was NO money in confirmation plan to be paid only surrendered. Our plan paid all other creditors 100% that filed claims.

The objection period is standard, it doesn't mean that your mortgage company will object. It is done for all Chapter 13 filers at the end of their plans. You're almost to the end, don't let this stress you out. It is simply a procedure, one of many that happens during the life of the plan.

[puggymoo]

Thanks Newbie and all others for input. I finally got to talk to our attorney today. He told me "i would stand a better chance of being hit by lightning than for an objection to be raised." The mortgage company could only balk if they thought we were doing something fraudulant.

[AngelinaCat]

Hi puggymoo: That is good news. Let us know when everything is finally over and done so we can throw you a party!!