Skip to main content

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

Saint Louis, MO |

I am an ex spouse and a creditor on Ch 13 schedule my husband filed. Mine is a property settlement distribution; another creditor listed is erroneously listed (my lawyer to whom my husband does not need to pay as I am to pay my lawyer per court order).

That would leave me the only creditor and I see it as the amount proposed will be awarded to me only.How do I file to remove the other creditor?

+ Read More

Attorney answers 3

Best Answer
Posted

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.

Asker

Posted

How do I file for dismissal? I have just reviewed the schedules and a lot of information is wrong-due to listing my attorneys fee it appears as if his indebtedness is greater than what it is.

Posted

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.

Posted

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!