Cite as: Keith M. Lundin, Lundin On Chapter 13, § 57.7, at ¶ ____, LundinOnChapter13.com (last visited __________).
Classification of claims can dramatically advantage or disadvantage a creditor under the plan.1 The creditor that wishes to challenge a proposed classification can do so by objection to confirmation or can move in advance of confirmation for a hearing on classification pursuant to Bankruptcy Rule 3013.
There may be good strategic reasons to seek a hearing on classification before confirmation. In a jurisdiction that delays confirmation until after the expiration of the claims-filing period,2 a Bankruptcy Rule 3013 motion will join issue on the debtor’s proposed classification, can force the debtor to negotiate with an objecting creditor and may encourage preconfirmation modifications that resolve objections to confirmation.
1 See discussion of classification of unsecured claims beginning at § 87.1 Power to Classify Unsecured Claims: Tests for Unfair Discrimination.
2 See § 216.1 [ Timing of Hearing on Confirmation ] § 115.1 Timing of Hearing on Confirmation before BAPCPA.