Can Debtor File an Amended POC for a Creditor?
Posted: Fri Sep 15, 2017 5:58 pm
Hello,
I have a client who is in a confirmed Chapter 13 Plan. However, after confirmation, she got into an accident and totaled her car. The car loan was around $18,000.00 and the plan stated that the loan would be paid directly to the lender. The lender filed a POC as a secured creditor.pter 13 trustee. The trustee has been holding the funds. However, Debtor wants it to be disbursed by the trustee. It will go to the mortgage arrears, car loan arrears, and a little to a priority tax claim.
Assuming that the $18,000.00 is not dischargeable since it is treated in the plan as a secured claim, my question is whether Debtor can amend the lenders' POC as an unsecured claim, so it can be paid through the plan? Also, since Debtor has gap insurance too, the unsecured amount should be $15,000.00, right?
If Debtor cannot file an amended POC, what else can be done? Thanks!
Sloan Youkstetter
Law Office of William S. Youkstetter
(323) 219-4392
lawofficeofwilliamsyoukstetter@gmail.com
wsylaw.com
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