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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 10-24-2001, 09:57 PM
wendywurkz
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Angry

Creditor's attorney is threatening me with relief from stay


I live in NM and I filed for a Chapter 13 in June. I have a real estate contract that is being paid through the plan since it matures 1 year before my plan will be completed. The Trustee told us either to pay for it outside the plan or put the whole note in the plan. We put the note in the plan. This creditor through his attorney has filed 4 proofs of claim on this my property all stating the same thing. Tonight he called my home and stated three things: (1) he is going to object to the plan (2) he wants my permission to relieve the automatic stay so that they can send me a 30 day demand letter, and (3) he looked at my income schedules and he is stating that there is extra money when there isn't, he wants to know why the payments will be increasing over the life of the plan.

My plan payments are current and I was not behind on the note when I filed a Chapter 13. Legal advice told me to put the note in the plan. Are they over stepping their bounds, I need some major advice and quick.
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