Ok another question....hopefully the last...

[dolphindan1]

We got another letter from trustee saying that "It appears that one or more claims of the above referenced debtors schedules is listed as disputed and/or contingent" goes on to say trustee is not responsible for monitoring disputed claims...their office will treat it as filed and will possibly make disbursements on that claim...if its important to debtor that no disbursements are made it will be my responsibility to file objections...if disbursements are made then allowance will be requested....etc etc.

so is this my lawyers responsibility or do I need to do anything?

[justbroke]

Well, technically it is the debtor's responsible. The debtor is you. You happen to be represented by an attorney but not all (Chapter 13) attorneys truly "police" the claims in a Chapter 13 case. If I were you, I would keep up to date with the claims and if you think that there are claims that are wrong, frivolous, inaccurate, not yours, or there is some other basis to have claim denied, then you will need to file appropriate objections to the claims.

You may want to ask your attorney whether they "police" the claims. If they don't, ask them if you will receive copies of the claims. If the answer to either question is "no", and you are in a 100% plan, then you may really want to get a PACER account and check the claims.

At least in Florida, the plan is not confirmed until 30 days after the last day to file a claim. This deadline (bar date) is typically 90 days after the first scheduled 341 Meeting. The final confirmation hearing is usually 30 days after the claims bar date so that the debtor can "police" the claims... and file any objections. I don't know if the "procedures" are the same in SC.

[dolphindan1]

I called lawyers office and they said it was because of disputed items on credit reports that I disputed about 2 weeks before I filed....I filed on a last minute decision

[justbroke]

Well, you can still "dispute" their claims by filing an objection. A dispute on a credit report does not "technically" carry through to the claims process in Bankruptcy. The fact that it is listed as "disputed" (or unliquidated) on Schedule F, simply means that the amount doesn't count in the calculation of the debt limits for filing a Chapter 13 (see 11 USC 109(e) for debt limits).

However, this "dispute" does not carry through to policing claims.