Central District Consumer Bankruptcy Attorney's Association

Reply-To: Craig J Beauchamp
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To: cdcbaa@yahoogroups.com
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Tuan,
If it is secured by real property, unless you can show the POC is
incorrect, the POC will control. In all cases even unsecured creditor POCs
control. If the amounts are incorrect, call the creditor party who filed
the POC to challenge them to verify the amounts. If you are right you can
demand they amend the POC. If not and you are still convinced you are
correct in your figures and calculations, you can file an objection. But I
found that calling the creditor first and trying to resolve the disputed
amount saves time and money.
Good luck. Craig
Craig J. Beauchamp, Esq.
Of Counsel
Law Offices of Victor W. Luke, APLC
(714) 835-5091
(714) 835-5763
Craig J. Beauchamp, Esq.
Attorney at Law
PO Box 25857
Santa Ana, CA 92799
(949) 689-9709
(714) 835-5763 fax
Legallycraig@gmail.com
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept notice for *Ex
Parte* Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
IMPORTANT NOTICE required by 11 U.S.C. 528: We are a debt relief agency.
We help people file for bankruptcy relief under the Bankruptcy Code.
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On Tue, Sep 6, 2016 at 11:50 AM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
> Dear List,
>
> When a secured lender in Chapter 13 files its POC, does the terms in the
> filed POC control how much it's to be paid along with interest its to be
> paid or does the confirmed plan? I have a lender on a case that filed its
> POC that's not in line with the confirmed plan and what was discussed.
>
> Thanks,
> Tuan Le
>
>
>
>
Tuan,If it is secured by real property, unless you can show the POC is incorrect, the POC will control. In all cases even unsecured creditor POCs control. If the amounts are incorrect, call the creditor party who filed the POC to challenge them to verify the amounts. If you are right you can demand they amend the POC.nd calculations, you can file an objection. But I found that calling the creditor first and trying to resolve the disputed amount saves time and money. Good luck. CraigCraig J. Beauchamp, Esq.Of CounselLaw Offices of Victor W. Luke, APLC(714) 835-5091(714) 835-5763Craig J. Beauchamp, Esq.Attorney at LawPO Box 25857Santa Ana, CA 92799(949) 689-9709(714) 835-5763faxLegallycraig@gmail.comNO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not acceptnotice forEx ParteApplications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.IMPORTANT NOTICE required by 11 U.S.C. 528:We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.CONFIDENTIALITY STATEMENT: intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
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