Creditors Proof of Claim

[cchater]

Hi, all - this is my first post! I have lurked here for quite awhile and this forum has been a godsend in my life! My husband and I recently filed Chapter 13 and our 341 meeting is complete. Actually it was completed in 3 mins. It was nothing I thought it would be... Our confirmation is 9/15/06. I acquired much debt without my husband's knowledge. Got to the point of no return - had to come clean. Hardest day of my life. Anyway, we were current on house and vehicles and taxes so the only debts going through trustee are ALL unsecured credit card debt totally approx $54,000 7 credit cards. We are paying $200 per month to the trustee which I am so grateful because I think we are very lucky. So we are not paying 100% back so we have to go 60 months due to our median income being over state median. So our creditors will not get much but the will get a litlle... MY question, finally, is: what is all your experience with unsecured creditors filing proof of claim for approx $2000 or less each for each of them??? I was just inquiring. I have not received notice that any of them have filed as of yet but it is still early. They still have until 11/15/06.
I appreciate all your input. Thanks so much for answering many many of questions. This is a great place for people on this roller coaster ride of debt. I can say one thing, I despise credit card companies!!!

cchater!

[cso5@]

Hi,
I am under the median in my state, but filed a 13 to save my house.

I didn't even really have that much in credit card debt -- I had two Capital Ones, they both filed their claims. I had a Diner's Club -- they did not. But Providian did. The Cap One's were like $700 and $1200. The Providian was about $2,200.

I don't know if it's nationwide, but I check on my case on 13datacenter.com. I'm in NY.

It's hard, but there is light at the end of the tunnel, I think. September will be the fifth payment of a 58 month payment plan. So, 53 to go.....

Good luck to you. Yes, this is an excellent site, with good people with a lot of good information.

[Interlaw]

Hi, all - this is my first post! I have lurked here for quite awhile and this forum has been a godsend in my life! My husband and I recently filed Chapter 13 and our 341 meeting is complete. Actually it was completed in 3 mins. It was nothing I thought it would be... Our confirmation is 9/15/06. I acquired much debt without my husband's knowledge. Got to the point of no return - had to come clean. Hardest day of my life. Anyway, we were current on house and vehicles and taxes so the only debts going through trustee are ALL unsecured credit card debt totally approx $54,000 7 credit cards. We are paying $200 per month to the trustee which I am so grateful because I think we are very lucky. So we are not paying 100% back so we have to go 60 months due to our median income being over state median. So our creditors will not get much but the will get a litlle... MY question, finally, is: what is all your experience with unsecured creditors filing proof of claim for approx $2000 or less each for each of them??? I was just inquiring. I have not received notice that any of them have filed as of yet but it is still early. They still have until 11/15/06.
I appreciate all your input. Thanks so much for answering many many of questions. This is a great place for people on this roller coaster ride of debt. I can say one thing, I despise credit card companies!!!

cchater!

It varies tremendously. In some of my clients' cases, although rarely, every creditor files a POC. I've had several over the years where *no* general unsecured creditor files a POC.

Overall, however, I have found the average to be about 80%. Healthcare providers are less likely to file, and credit card companies are more likely to file.

Brett Weiss
Maryland, DC and Federal bars
Member, National Association of Consumer Bankruptcy Attorneys

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[taxmom]

I think it varies considerably. In our case, we had some unsecured creditors file claims for $2500, and a secured creditor NOT file for $3000. Just have to wait and see...!

Best of luck to you.

[$$only4ever]

I owed Citibank over $20,000 and they never filed a claim, yet I owed Hechts $149 and they did file a proof of claim. About 1/2 of the creditors that I owed filed a claim, the rest did not.

[aa06a47]

I was quite surprised in my case, (I figured they would all file claims). All filed claims except the one that got dinged for me paying them more than 600 bucks in the previous 90 days. They in fact had to pay the trustee 900+ dollars back. So, Citi didn't file a claim on a little over 30K.

[Jman30]

Same thing here. It is totally random. I think it just depends on who at the company gets the notice of your Bankruptcy filing. The person who processes those at Capital One or Citibank may be in a mood that day and files a POC on every little thing that comes in the door. Other times, they don't file on things you thought for sure they would.

I actually had TWO Capital One credit cards when I filed. One had a POC and the other one didn't. Same company.

Totally random.

[aa06a47]

Same thing here. It is totally random. I think it just depends on who at the company gets the notice of your Bankruptcy filing. The person who processes those at Capital One or Citibank may be in a mood that day and files a POC on every little thing that comes in the door. Other times, they don't file on things you thought for sure they would.

I actually had TWO Capital One credit cards when I filed. One had a POC and the other one didn't. Same company.

Totally random.

I cannot believe Citi didn't file one...I mean they were out over 30K in unsecured debt, and would have gotten 10-15%. Heck, I had one card with 225 bucks on it and they filed. (poor bastards probably spent more on filing the claim than they will get)

[Jman30]

Just the fact that I had TWO Capital One Credit Cards and they only filed a POC on one of them shows how random it is.

[CATCHMEIFYOUCAN]

What is the difference?

I'm confused about a "proof of claim," compared to an "objection," can someone smarter than me explain?

Catchmeifyoucan

[taxmom]

I'm confused about a "proof of claim," compared to an "objection," can someone smarter than me explain?

Catchmeifyoucan

An objection is filed by either a creditor or the trustee indicating that they don't like your plan as filed. A proof of claim is filed by a creditor indicating how much they think they are entitled to or how much you owe them.

[CATCHMEIFYOUCAN]

Thanks !

Thanks TAXMOM, so Objections are the ones I have to worry about, I had one proof of claim, the lawyer had misunderstood my handwriting.

Catchmeifyoucan