One of the creditors is listed erroneously on the Ch 13 plan. What do I need to do to remove that creditor?

Attorney answers (3)

1. 

   Walter C Oney Jr

   Fitchburg Bankruptcy Attorney

   Contributor Level 17

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   Answered September 06, 2012 14:42. You object to your lawyer's proof of claim (if he files one) or to confirmation of your X's plan (if he provides for the claim in the plan). But if you're the only creditor, the case might be subject to dismissal for bad faith. Seeking dismissal might be better for you, because the property settlement obligation is potentially dischargeable in chapter 13 -- meaning you might get pennies on the dollar if the case continues.

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2. 

   Deborah Bowinski

   Denver Chapter 7 Bankruptcy Attorney

   Contributor Level 16

   Answered September 06, 2012 14:11. I'm not sure you can do anything to "remove a creditor" from someone else's bankruptcy filing. But, I'm not sure why you really care. If your attorney gets paid some money from your ex's bankrutpcy plan then there is that much left for you to pay directly yourself. It seem to me that it is more beneficial to you if he pays a part of the balance then if you must pay the entire amount.

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3. 

   Dorothy G BuncePro

   Las Vegas Bankruptcy Attorney

   Contributor Level 20

   

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   Answered September 07, 2012 12:06. File your own proof of claim. Chapter 13 creditors only get paid based on the proof of claim that are filed. If your lawyer also files a proof of claim, there will be an objection to paying this debt twice & the court will decide who the Trustee should pay.
   
   Hope this perspective helps!

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