Q: ch13 debtor filed objection to my class7 claim (civil suit) for complete discharge. what do I file in reply?
I sued my landlord for illegal eviction in San Jose, CA. 1 day b4 settlement conference (not trial yet), landlord offered 15k and filed ch13 next day. 2 parties filed claims – IRS for $436 and me 400k. ch13 plan offers class7 13.6K over 5 yrs. my lawyer doesnt think worth it because landlord claims little income.
2/12/18 ch 13 voluntary petition filed
4/2 341a meeting
8/2 objection to my claim
8/31 i filed motion extend time
9/4 motion to dismiss by Trustee - declares that ch13 was to prevent the creditor from state court remedies and debtor failed to move the court in 6 months. (run the clock on adversary proceeding then object to claim) no hearing date set
9/5 order extending time granted
notice of objection 8/3/18 says
1) Any objection to the requested relief or a request for a hearing on the matter, must be filed and served..with declarations or memoranda...
Do I file request for hearing? objection (to discharge)? dismiss, quash?
A: a percentage can work
A:
If you don't have an attorney, you need one now. Find an experienced bankruptcy attorney that handles litigation.
An objection to proof of claim like this will be resolved in litigation over whether the other party has a claim. This isn't about whether the claim is "dischargeable" or not, but over whether it is owed. The debtor has to provide the initial proof that the claim isn't valid, then you will have to prove that it is valid.
Is this claim really worth $400,000? Is it worth $25,000? Is it worth hiring someone for a (possibly) small percentage of that claim to get paid what the chapter 13 provides? You went through a litigation process in state court and presumably paid someone to help you with that. That attorney may be a good place for a consultation about this to start with. Don't delay or you will have admitted the claim has not value, it will be denied and once this chapter 13 is completed, will be discharged forever.
Harlene Miller and Timothy Denison agree with this answer
A:
I urge you to contact a bankruptcy attorney experienced as my colleague also recommended. Critical to respond to the objection to your claim timely. Also, what is status of Trustee's motion to dismiss? Is a hearing scheduled? Dismissal of the case may moot everything but until that action is taken - answer the claim objection.
Protect yourself by getting legal assistance.
A: You need to hire an attorney immediately and answer the objection to the claim. YOu attorney will be able to advise you on the best action for you to take.
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