Possible Proceedings

A creditor or the bankruptcy trustee can object to your Chapter 13 repayment plan or your Chapter 7 discharge.

Chapter 13: Objection To Repayment Plan

  • A creditor could object by claiming unfair treatment
    • Creditors are grouped and treated the same within the group
    • A creditor may claim that the group should be modified
    • A creditor may claim that the group should be paid more
  • A creditor could object by claiming that more can be paid by the debtor
  • The trustee may believe that the debtor should pay more under the plan
  • The trustee may lengthen the plan or reject the plan completely

Chapter 7: Adversary Proceeding

A creditor may object to discharge based on fraud by the debtor. A creditor may even file a lawsuit within the bankruptcy (an adversary proceeding), litigating whether or not there should be a discharge of that creditor's debt.

Before an objection or lawsuit, a Section 2004 hearing (similar to a deposition) can be scheduled by the creditor or trustee so that the debtor may be questioned in more detail about the debt, the assets and exemptions of the debtor or the claimed fraud which might make the debt nondischargeable.

An adversary proceeding generally is a lawsuit within your bankruptcy case. It seeks to have a debt be determined to be "nondischargeable" based on one of the reasons that bankruptcy courts recognize as a reason to not free you from this debt. Your case will be unique with respect to such claims, and your attorney can discuss your unique situation with you. The basic attorney fee does not cover representation of you in connection with an adversary proceeding.

Note: You will need to discuss the additional fees with your attorney should this situation arise.

Other Proceedings

There may be other proceedings in your case, depending on your situation and your specific facts. Your attorney can advise you about these as they arise.

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