Legal Question in Bankruptcy in Nevada

Creditor's Rights

Debtor filed Ch13 in 2001. Debtor owes Creditor (me)over $16,000 child support arrears. I filed proof of claim for arrears. Debtor just filed third plan which lowers my claim from unsecured priority in previous plan to unsecured nonpriority status in third plan. Do I file objection to confirmation of plan, another proof of claim listing debt as unsecured priority or what to protect debt from discharge or dismissal? Confirmation hearing is 4/16/03,and I still have not received notice of hearing, but found out through my Pacer account. Not the first time debtor's atty has not noticed me of hearings. Any recourse?


Asked on 3/27/03, 11:02 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Creditor's Rights

You should definitely object to confirmation of the Plan. I don't know how the Trustees handle things in Nevada, but out here in California the Plan could not be confirmed if you filed a proof of claim for priority child support payments that aren't being paid 100% through the plan. Did you serve a copy of the proof of claim on the Ch. 13 Trustee?

Read more
Answered on 3/27/03, 11:53 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Nevada