Legal Question in Bankruptcy in California

Help with my Chapter 13...

Recently filed a Ch. 13. Acted in PRO PER. Only 1 creditor inclued in the filing. Ch. 13 was filed and the repayment plan approved by the Trustee and confirmed by the Judge. Payments currently being made to the Trustee.

Yesterday, an atty representing the creditor who holds my car loan sent me a NOTICE OF MOTION FOR RELIEF FROM THE AUTOMATIC STAY. I understand what this document is saying. However, this creditor was NOT included in my Ch. 13 filing with the court and I make my car payment every month. I would have understood if the creditor I included in this filing set me this, but I don't understand why these people are?

The Trustee confirmed to me at the confirmation hearing that I was all done and would not have return to court. This new motion lists a date to be back in court which I cannot do. I have a call into the Trustee's office Attorney, but was just wondering....did I missing something here?

HELP, thanks.


Asked on 2/10/05, 2:23 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Help with my Chapter 13...

A person who files a bankruptcy must include all creditors in the petition. Since you owe money to the automobile lender, they must be included. You might wish to amend your schedules and your plan to take into account the auto lender, any credit card creditors to whom you owe money, family members, doctors, etc. Good luck.

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Answered on 2/10/05, 5:04 pm
Judith Deming Deming & Associates

Re: Help with my Chapter 13...

When you filed your petition, you stated, under penalty of perjury, that you had listed ALL of your debts; obviously you did not. You cannot pick and choose which debts to list and which to leave out. The trustee had no way of knowing, when he told you that you did not come back, that you had been untruthful in the petition; however, now that issue must be addressed. It is suggested that you request leave to amend your petition and list EVERY one of your debts, as you are at risk of having the petition dismissed.

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Answered on 2/10/05, 5:54 pm


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