What is the name of your state? PA
Husband filed chapter 13 in 1999. Our attorney filed a POC for our mortgage company with an amount. I don't know exactly how the amount came about , husband thought it was the mortgage company who filed the claim or was in contact with attorney. Recently we found out the mortgage company has another POC filed for $2,500 more and it was filed 8 months after the creditors deadline.
Besides that the creditor filed their POC ( not amendment ) eight months after the deadline, they never objected to the one our attorney filed.
So if they never objected to the first proof of claim , regardless of who it was filed by, and they never filed one themselves until eight months after the deadline, can they possibly demand payment of the difference in the POC's , or are they SOL?
The attorney says that we must try to resolve this with them first before we file a complaint in the bankruptcy court, because the courts like to at least see an attempt to resolve it before we take it infront of the judge. Is he correct on that ?