Chapter 13
Claims Objection Process
Your creditors are given until 90 days after the Meeting of Creditors (which is between 110 days to 140 days after your case is filed) to file their claims with the bankruptcy court. Governmental units must file their claims with the bankruptcy court no later than 180 days after your case is filed.
Since your case will be confirmed between 40 and 95 days after it is filed, not all crediotrs will have had a chance to file their claims.
Once the time for filing all types of claims has passed (180 days after your case was filed), we will review your case to address every creditor’s claim. This may necessitate modifying your Chapter 13 plan. For example, assume that when your filed your case, you believed that you were $3,000.00 behind on your home mortgage; but after confirmation of your Chapter 13 plan, your mortgage company files a claim showing that as of the date you filed your bankruptcy you owed $4,000.00. We will review the claim of your mortgage company to determine whether it is accurate. If it is accurate, we will modify your Chapter 13 plan to pay $4,000.00 to the mortgage company. If the claim is determined to be inaccurate, we will object to it and ask the bankruptcy court to determine the correct dollar amount. Whatever the bankruptcy court determines to be the correct dollar figure will be incorporated into your Chapter 13 plan through a modification of your plan.