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In a Chapter 13 bankruptcy, an unsecured creditor who is not scheduled in or notified of the filing of the bankruptcy case is not discharged at all. Such a creditor will receive no payment from the Chapter 13 Trustee (who, at the very least, needs a dollar-figure debt amount and an address to which to mail a check).
An objection to the confirmation of a chapter 13 plan shall be made by motion setting forth the facts and legal arguments that give rise to the objection in sufficient detail to allow the debtor to file a reply or an amended plan that addresses the objection.
The most sought exceptions are actions by parties to securities contracts to close out open positions; eviction of a debtor by a landlord where the lease has been fully terminated prior to the bankruptcy filing; actions by taxing authorities to conduct tax audits, issue deficiency notices, demand tax returns and make ...
In a Chapter 13 case, unsecured debt is part of your repayment plan. As long as you commit all ?disposable income? to your repayment plan and unsecured creditors receive at least as much as they would have in a Chapter 7 case, you do not have to fully repay all unsecured debts in Chapter 13.
In some cases, the plan payment is $200.00/month. Some clients pay 100% of their unsecured debt + 5.25% interest (the highest current maximum).
The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors; ...
However, each of your creditors must file a proof of claim (described below) within a certain time to prove how much you owe. If a creditor fails to do so, then the bankruptcy trustee will not make any payments to that creditor. In some cases, lack of a proof of claim may benefit you.
Most bankruptcy cases pass through the bankruptcy process with little objection by creditors. Because the bankruptcy system is encoded into U.S. law and companies can prepare for some debts to discharge through it, creditors usually accept discharge and generally have little standing to contest it.