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Objection to Mortgage claim when home has been surrendered/LBR
Amy:
This may not answer all of your questions or resolve all of your issues,
except, possibly your concerns about the claim effecting confirmation. In
the past, when I was with the ch 13 trustee's office, if a plan stated that
the property was being surrendered and the creditor filed a proof of claim,
the trustee would set up the claim as one to which no disbursements would be
made. Thus, it had no effect on the trustee's position for confirmation. I
would confirm with your trustee and/or staff attorney that this is still the
practice. See LBR 3015-1(e)(2), which I believe is on point.
Sheila
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