Tennessee Sample Letter regarding Response to Debtor's Objection to Proof of Claim
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How to fill out Sample Letter Regarding Response To Debtor's Objection To Proof Of Claim?
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FAQ
This is where an experienced Chapter 13 bankruptcy lawyer can help. There are a number of reasons why a trustee might object to your repayment plan: Your payments exceed your income. Your plan doesn't have all of your disposable income going to unsecured creditors.
In a Chapter 13, an objection to confirmation is basically a written statement from the Chapter 13 Trustee or a creditor of the debtor that there is something wrong with the case that needs to be fixed before the confirmation hearing.
A response to an objection is sufficient if it states that written documentation in support of the proof of claim has already been provided to the objecting party and that the documentation will be provided at any evidentiary hearing or trial on the matter.
The debtor doesn't have sufficient income to make good on the promises to the creditors. In some cases, a creditor might assert that the plan has been offered in bad faith. A creditor (or class of creditors) is being short-changed ? The plan unfairly favors some creditors and disadvantages others.
An objection to confirmation is a response filed in a chapter 13 bankruptcy to an original or amended plan that is filed in the case. When you file a chapter 13 bankruptcy you fill out a petition, schedules and a number of related documents. These are really disclosure documents.
Here, a confirmation hearing is a court proceeding wherein a judge either approves or rejects a proposed debtor repayment plan, based on its feasibility and other legal requirements. At this hearing, a judge will also hear argument and rule on objections filed by creditors to elements of a debtor's repayment plan.
