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I objected to Saxon's POC. No response - do I need to do anything
I objected to Saxon's POC in a Chapter 13 case (Dockery/EC). Saxon did not
oppose the objection. Moreover, Saxon transferred the loan servicing duties
to Ocwen (which I also served with a copy of the Objection). Ocwen has not
filed a POC, nor have they filed anything in connection with my Objection to
Saxon's claim. The confirmation hearing and hearing on my Objection is this
Thursday. Assuming Ocwen doesn't file a POC that I have to object to, do
you think my plan will be confirmed as is? The trustee has no objections.
Her objection had been to the feasibility due to Saxon's POC arrears being
higher than what we had scheduled in the Plan. Now with that out of the
way, I imagine that all is good to go, but I am nervous that I am
overlooking something. I just envision my Objection being granted due to it
being unopposed and also well taken, and my plan being confirmed since the
trustee has no further objection. However, I have sat through confirmation
hearings of EC, and I know that often it's not that simple. Any comments or
ideas?
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
I objected to Saxon's POC in a Chapter 13 case (Dockery/EC). Saxon did not oppose the objection. Moreover, Saxon transferred the loan servicing duties to Ocwen (which I also served with a copy of the Objection). Ocwen has not filed a POC, nor have they filed anything in connection with my Objection to Saxon's claim. The confirmation hearing and hearing on my Objection is this Thursday. Assuming Ocwen doesn't file a POC that I have to object to, do you think my plan will be confirmed as is? The trustee has no objections. Her objection had been to the feasibility due to Saxon's POC arrears being higher than what we had scheduled in the Plan. Now with that out of the way, I imagine that all is good to go, but I am nervous that I am overlooking something. I just envision my Objection being granted due to it being unopposed and also well taken, and my plan being confirmed since the trustee has no further objection. However, I have sat through confirmation hearings of EC, and I know that often it's not that simple. Any comments or ideas?
-- Holly Roarkholly@roarklawoffices.comwww.roarklawoffices.comCentral District of CaliforniaConsumer Bankruptcy Attorney
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