Chapter 13 eligibility on debt amount and 11 U.S.C. 109(e)

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Chapter 13 eligibility on debt amount and 11 U.S.C. 109(e)

Anonymous Jul 24, 2015 Business 8 views 3 answers

I have debts totalling much less than the allowed under the eligibility requirements of 11 U.S.C. 109(e), however after filing my petition, someone filed a claim of $475,000 which is a frivolous claim and has no merit, but nonetheless causes me trouble, as he moved to dismiss my case under 109(e), I objected to his claim for having no merit, it has not yet been litigated. My objection is based mainly on being passed the state's statute of limitation having long passed for this particular claim. Can I argue on his motion to dismiss to be deferred until his claim is litigated so I can have a chance to prove his claim is frivolous and has no merit and should be ignored or disallowed?

Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS · Answer 1 · 2026-06-15T15:32:43+00:00

Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS

Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS · Jun 15, 2026

You can ask this question multiple times, but you will get just as many real answers if you ask it only once.

0 upvotes

Brandon Buchanan · Answer 2 · 2026-06-15T15:32:43+00:00

Cases like what you described are very fact and statue intensive. It sounds like since you're asking this question multiple times, you need some real legal help, much more than any attorney writing one or two paragraphs online can offer. With so much debt at stake, don't be "penny wise and dollar foolish;" meet with a professional Chapter 13 attorney in your area to get you the long-term help you need.

Derek Caldwell · Answer 3 · 2026-06-15T15:32:43+00:00

If somehow the system is reposting your question, then forgive us for reminding you that you will get the same answers if you post the same question multiple times. Yes, the judge will first rule on your objection to the proof of claim before deciding the motion to dismiss.

Chapter 13 eligibility on debt amount and 11 U.S.C. 109(e)

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