When you file bankruptcy any party in interest to your case has the right to object. This blog will focus on objections in chapter 13 cases.
An objection by a party in interest (think the trustee, US Trustee, or creditors as parties in interest) will stem from a list of reasons why the party does not agree with various aspects of your case.
Commons objections during Chapter 13 cases are regarding the amounts creditors receive in your Chapter 13 plan. For example, vehicle and mortgage lenders frequently object to confirmation of the plan if the amounts are stated incorrectly or they think the amount paid should be higher. For example, when you file for bankruptcy, your attorney crammed down the loan on your vehicle, so you pay what it is worth and say it is worth $10,000. The vehicle lender may object if they believe it is worth $13,000. The IRS is another party that may object to confirmation if they are not being paid enough or all taxes have not been filed.
Objections can also come from the US Trustee’s office or the trustee in your case. These are likely to come into play if the trustee’s office finds an error or strongly disagrees with something in your case. For example, if, when filing, there is a mistake with the exemptions in your case, the trustee’s office may object to confirmation. For example, if the trustee’s office strongly disagrees or has supporting reasons why something should be listed or disclosed differently in your case, they may file an objection.
If you receive an objection, rest assured that your attorney has received the same information. They will help walk you through the objection and come up with a resolution or ideas to resolve it, whether this is by filing a modification or having a hearing.
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