Frequently Asked Questions by  CREDITORS

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FAQ's By Debtors?
FAQ's By Employers?
  1. You have classified my claim as unsecured although it is really secured.  How do I get it changed?

  2. The debtor has missed plan payments.  How many will you let him miss and still stay in Chapter 13?

  3. When does a debtor's plan get confirmed?

You have classified my claim as unsecured although it is really secured.  How do I get it changed?

The Trustee's office does not "classify" claims.  If our records show the claim to be unsecured, it is usually because the debtor has so classified the claim.  The classification in the debtor's schedules and plan may ultimately be binding on you, so you may want to consult your own attorney regarding whether action is necessary to protect your secured status.  You may also consider consulting your own attorney about the appropriate classification of your claim, since the Bankruptcy Code is the
ultimate definer of what constitutes a secured claim.

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The debtor has missed plan payments.  How many will you let him miss and still stay in Chapter 13?

The bankruptcy laws do not fix a certain number of missed or late payments that will cause the dismissal of a case.  The law merely makes "substantial default" a ground for dismissal.  The Trustee's office has mechanisms and personnel in place to monitor debtor's payment histories, and we file many motions to dismiss for material default. However, a variety of variables affect when, if, and how often we resort to this remedy.  Detailed information on debtor's payment histories can be found on the Trustee's website.  After reviewing this material, a creditor may want to consult counsel regarding whether it may consider filing its own motion to dismiss.

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When does a debtor's plan get confirmed?

Local bankruptcy practice gives parties in interest 10 days after the 341(a) meeting to file objections to confirmation of the debtor's plan.  If none are filed, the plan is confirmed as soon as is practicable after the expiration of that ten-day period.  If objections are filed, they are set for hearing before the Court, and the plan cannot be confirmed until the objections have been resolved.  If an objection is sustained
by the Court, the debtor must file a modification to the plan; creditors should receive a copy of this modification, together with a notice of a new period during which objections may be filed.

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Revised: September 16, 2014 .