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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 10-30-2003, 10:34 AM
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Join Date: Aug 2003
Location: arkansas
Posts: 62
Question

Continunance - Admended Plan


What is the name of your state? AR

My Ex's Chapter 13 threw me into a Chapter 7. I looked over his filing & there were quite a few high dollar items he failed to list, that & he had me listed as an unsecured creditor when in fact I was a secured creditor with a lien filed.
The information I provided to his trustee raised quite a few questions & he was ordered to modify his schedules within 20 days by order dated August 22, 2003. I then asked & was granted a continuance for Nov 7th.
On Oct 27th, his attorney filed a "Notice of Opportunity To Object To Amended Plan" pursuant to 11 U.S.C. Sec. 1329 & Rule 2002 (a) (6) of the bankruptcy procedure and a "Modification of Chapter 13 Plan". These were to be sent out to various peoples & to all creditors, of which I am one. I know it's early but I haven't received a notice & only found out while routine checking the status of his filing.
The "Modification" he filed is nothing new at all. There was nothing changed. I asked an attorney & he said it was a stalling factor.

I am fighting his bankruptcy on my own as I have no funds to hire an attorney. He owes me a secured lien amount of $5000.00. The lien was attached to his share of an inheiritance (which will be over $100,000.00) I talked to someone who was involved with the trustee's office & they are actting very unconcerned & says it takes time, just to wait it out. I cannot afford to do so.
I have only 25 days to object to this. I need advice please, any help or ideals are appreciated. If I have to appear before the judge, what is the best way to object to his filings/schedules?
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