《楊清泉律師專欄》DEBTOR OBJECTIONS TO CREDITOR CLAIMS IN CHAPTER 13…(PART II)
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DEBTOR OBJECTIONS TO CREDITOR CLAIMS IN CHAPTER 13 MUST HAVE LEGAL BASIS(PART II)
《楊清泉律師專欄》DEBTOR OBJECTIONS TO CREDITOR CLAIMS IN CHAPTER 13…(PART I)
The debtor was a sales manager with a gross monthly income of $10,428, net monthly income of $7,424, and monthly disposable income of $3,924. She owned a home with significant equity, and was current on her mortgage payments. She drove a newer BMW325, which was fully paid. She filed her Chapter 13 case to resolve credit card accounts of about $81,000 but she said that EACH DEBT WAS DISPUTED. She estimated that her total credit card debt was $150,000 and the court confirmed a monthly payment of $3,190 for 60 months. Twelve creditors timely filed proofs of claim which totaled $147,400. Debtor objected to all 12 claims, raising the same objection regardless of the identity of the creditor or the documents attached to the claim. Debtor withdrew her objections to several claims when creditor responded to her objections and sought defaults where creditor did not respond.
The court revoked her chapter 13 plan and said that “This approach of throwing it against the wall and seeing what sticks is precisely the sort of conduct Bankruptcy Rule 9011 seeks to counter.”
Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than four thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.
《楊清泉律師專欄》DEBTOR OBJECTIONS TO CREDITOR CLAIMS IN CHAPTER 13…(PART I)
The debtor was a sales manager with a gross monthly income of $10,428, net monthly income of $7,424, and monthly disposable income of $3,924. She owned a home with significant equity, and was current on her mortgage payments. She drove a newer BMW325, which was fully paid. She filed her Chapter 13 case to resolve credit card accounts of about $81,000 but she said that EACH DEBT WAS DISPUTED. She estimated that her total credit card debt was $150,000 and the court confirmed a monthly payment of $3,190 for 60 months. Twelve creditors timely filed proofs of claim which totaled $147,400. Debtor objected to all 12 claims, raising the same objection regardless of the identity of the creditor or the documents attached to the claim. Debtor withdrew her objections to several claims when creditor responded to her objections and sought defaults where creditor did not respond.
The court revoked her chapter 13 plan and said that “This approach of throwing it against the wall and seeing what sticks is precisely the sort of conduct Bankruptcy Rule 9011 seeks to counter.”
Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than four thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.
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