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Objection to Confirmation

Submitted by CLOS on Tue, 10/11/2011 - 16:51
Posts: 14
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What does an Objection To Confirmation mean? I recieved one regarding my vehicle.


Wild guess since you have not told us what the objection states:

1. You failed to include the creditor in the Plan for either payment or the return of its property.

OR

2. You included the creditor in the Plan for payment but the amount you are paying is too little. (If you have not had the vehicle for 910 days prior to filing, the creditor is entitled to the balance owed on the contract. If you have had the vehicle for more than 910 days then the creditor is entitles to either the balance on the contract or the value of the vehicle, whichever is less.)

You need to read the objection and then attempt to resolve the dispute with the creditor. If you have an attorney, the attorney will deal with this. If not, it is up to you to communicate with the creditor's attorney to resolve it.

Resolution normally is either the surrender the vehicle or, pay the balance owed or negotiate the value, depending upon which of the above applies.

Edt: Until you resolve the dispute you cannot Confirm your Plan.

Des.


Submitted by despritfreya on Tue, 10/11/2011 - 17:59

despritfreya

( Posts: 175 | Credits: )


Wow, I did not expect such a harsh response... Anyway, yes the creditor was included and the only reason I am asking here is because it is after hours, so I cannot contact my lawyer right away and i I have come across very knowledgable people here. It seems like the creditor (Capital One Auto Finance) is disputing the value of the car and they also stated I failed to provide proof of insurance, which is a false statement and I also provided proof to the lawyer when I filed.


Submitted by CLOS on Tue, 10/11/2011 - 18:18

CLOS

( Posts: 14 | Credits: )