Creditor objection to my plan

[anonymuse]

Since WHEN does CREDITORS, get to look at your bank statements and suggest ways for you to "cut corners"?????

Where and WHAT is your attorney doing????

Next they'll be wanting our grocery receipts to tell us what to eat and not eat and suggest a diet!

[anonymuse]

Anyone know if chapter 13 has a section in the code like chapter 7's 707(b)(7)?

In Chapter 7 your creditor couldn't use your expenses as grounds for objection if you were under the median income.

I don't have the time to look for it right now; however, I think the Ch 13 equivalent to that statement is that they can't extend beyond 3 years if you are under the median income--but let me find proof of that tonight before you take that as gospel.

[SinkingFast]

The creditor that objected to the plan just had a personal beef with me, it was not a large credit card company. He showed up to the preconfirmation hearing (according to my lawyer) and tried to argue that I had been fraudulent and undervalued assets, but had no proof.

He was a credit manager and he was trying to represent his employer. Well you have to be a lawyer to represent a corp. in Texas at least. So my Lawyer told him that would be her first objection, should it have to go before the judge. That and he might want to have proof should he take it before a judge.

Anyway, my lawyer did good. She is board specialized in personal bankruptcy, so she knew her stuff.

How long does it take once the confirmation happens before it shows up on pacer?


Chris

That's part of the problem right there. A local/small Creditor being the fly in the ointment.

When the paralegal ran thru where and how the 341 will work with us, I asked her if any of our Creditors would show up at the 341. She said not likely. Ours are all major banks. Out of town.

The ones the BK Court has problems with here are the local Creditors. And the paralegal rambled off a whole host of names. When customers file BK against them, those Creditors always show up and complain. Sometimes the Creditor makes a good enough case to cause problems for the BK Filer.

Guns and old cars are trouble to value also. They can range from really low to really high on any given day. If the right buyer were to come in at just the right time, an old car or an old gun could bring a pretty penny. Other wise, they are basically worthless. And the Court knows that.

[aa06a47]

When I was setting in my 341 meeting, I asked my lawyer if she thought any of my creditors would be there, she said no, usually the only people they see show up at these meetings are pissed off individuals that got screwed by the BK person. All the big boy's generally do there stuff behind the scene.

However, in a Chapter 13, the only people required to receive notification within 20 days of the confirmation hearing are those who put in an entry at the 341 meeting. So, technically, one's planned could get confirmed right after the 341 meeting if no one showed up. However, they still will have there 60 days to put in there objections.