Reply-To: Jay Fleischman
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A Chapter 13 case has come to me well after confirmation and I'm trying to
figure out a game plan.
Neither debtor nor debtor's counsel realized that there was a reason to
object to a Proof of Claim filed by an unsecured creditor in a Chapter 13
case that will pay out less than 100%.
It is useful to note that the unsecured creditor's claim will not be
discharged at the conclusion of the Plan.
Plan is confirmed, and unsecured creditor begins to receive payments under
the Plan.
It is later discovered that the entity that filed the claim is most
definitely NOT the entity to which the funds are owed.
There was no way that debtor's counsel could have known in the ordinary
course of practice that an objection to this particular Claim was warranted.
Questions based on that scenario:
1. What is the position of the Los Angeles judges with respect to an
objection to the Proof of Claim at this juncture?
2. In the event that the Claim objection is sustained, will the court order
the funds returned to the debtor or to the Chapter 13 Trustee? I suspect
the latter given that it is a Plan that does not pay 100%.
3. Does the answer to #2 change if this is a 36 month Plan with a negative
DMI on Form 22?
4. What is the position of the Los Angeles judges with respect to the award
of legal fees to the movant in such a situation?
Thanks in advance for any guidance.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
T: 626-888-3342
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A Chapter 13 case has come to me well after confirmation and I'm trying to figure out a game plan.Neither debtor nor debtor's counsel realized that there was a reason to object to a Proof of Claim filed by an unsecured creditor in a Chapter 13 case that will pay out less than 100%.It is useful to note that the unsecured creditor's claim will not be discharged at the conclusion of the Plan.Plan is confirmed, and unsecured creditor begins to receive payments under the Plan.It is later discovered that the entity that filed the claim is most definitely NOT the entity to which the funds are owed.There was no way that debtor's counsel could have known in the ordinary course of practice that an objection to this particular Claim was warranted.Questions based on that scenario:1. What is the position of the Los Angeles judges with respect to an objection to the Proof of Claim at this juncture?2. In the event that the Claim objection is sustained, will the court order the funds returned to the debtor or to the Chapter 13 Trustee? I suspect the latter given that it is a Plan that does not pay 100%.3. Does the answer to #2 change if this is a 36 month Plan with a negative DMI on Form 22?4. What is the position of the Los Angeles judges with respect to the award of legal fees to the movant in such a situation?Thanks in advance for any guidance.-------------Jay S. Fleischman, Esq.Shaev & Fleischman, LLP
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