I'm in Indiana. In Sept 07 I received a small claims default judgement against a home improvement contractor who failed to finish a job. Amount of judgement is approx $2,000. The debtor continued to ignore my attempts to collect, so I filed proceedings supplemental. Debtor continued to ignore the court and did not appear, so last week the judge ordered a warrant for his arrest for contempt of court/failure to appear to the proceedings supplemental.
Today I received an envelope from the debtor's attorney which includes a copy of his Chapter 13 Plan (marked "original") which is was filed in Dec 2007, a notice of his bankrupcy case, and a blank Proof of Claim form. Deadline to file objection to the plan is in Feb 08, meeting of creditors is later in February 08, deadline to file proof of claim is May 08. His plan lists a $2,700 atty fee, an $8,000 car loan and nothing more. His payment plan is for 3 years in the amount of $16,600.00
Why are there no other claims listed in this plan except the one car loan? I presume he owes much more to other people, or there would be no need for a $16,600 bankrupcy plan, right? Is it mostly blank because they are waiting for me and others to come forward and submit official proof of claims?
Do I have any right to file an "objection" to the plan? Should I or does this not really apply to my civil court judgement?
If I attend the meeting of creditors, what can I expect to happen? Pros or cons of attending or not? Should I be taking the stand and speaking to the court or asking questions? Any advice on what to say or not to say, etc.? And will it really matter?
Should I be notifying my local judge about this Chapter 13 plan at this time, and ask them to withdraw the warrant for his arrest that is currently floating out there? I assume I am no longer permitted to pursue him to collect, which is fine...however the warrant is due to his failure to appear to a court ordered civil proceeding, so I don't know if that warrant should stay in place?
I've been going it alone thus far, as for a $2,000 claim I guess I'm more inclined to just let it go than to spend a bunch of money on attorneys, etc. However filling out a form or two and attending to the meeting are perfectly within reason. If that's all it takes I'll go through the motions.
I guess the crux of my questions are: Is this something I can handle on my own without a hired attorney and at least stand a reasonable chance of getting a pro-rata portion of my money back?
Thanks so much for any thoughts or advice on the whole matter. Hopefully I've provided enough detail of the situation to warrant some help. If more info is needed, please just ask...