top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Chapter 13 Specific Claims Question NDC

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Chapter 13 Specific Claims Question NDC

    I am 3+ years into a 5 year plan. Slowly chugging away at making my payments. I have always checked my payments on NDC but today, for whatever reason, I started clicking into the claims and reading them. This brought up several questions.

    I noticed that I had private and federal student loans listed in my claims. Both are showing that they will receive payments. I didn't realize student loans could be added. I know they can't be discharged so why would my payment plan be setup to send them payments?

    Under about 5 of my credit cards under comments it says disputed. I don't see anything listed on pacer and I never received any type of contact from my lawyer or the court about disputed claims. Is this something in the rear view from when I filed or something I need to worry about? I know that the company that they all say disputed is a company that had to have the debt transferred to them after I filed because they bought it from another company. Could that be why NDC says disputed?

    On each of those credit cards it lists the debt as late payable unsecured debt. Does this possible mean they were late filing a claim (because they had purchased the debt) but it is still payable during the plan?

    Thanks for any help you can provide.
    Last edited by lostinnola; 12-22-2019, 01:04 AM.

    #2
    Originally posted by lostinnola View Post
    I noticed that I had private and federal student loans listed in my claims. Both are showing that they will receive payments. I didn't realize student loans could be added. I know they can't be discharged so why would my payment plan be setup to send them payments?
    This is simple. Student Loans are "unsecured" creditors. There's really nothing special about them other than the fact that they can't be discharged (without a lawsuit/trial). Otherwise they are treated exactly what they are, unsecured debt. They are paid Pro Rata just l like the other unsecured debt.

    Originally posted by lostinnola View Post
    Under about 5 of my credit cards under comments it says disputed. I don't see anything listed on pacer and I never received any type of contact from my lawyer or the court about disputed claims. Is this something in the rear view from when I filed or something I need to worry about? I know that the company that they all say disputed is a company that had to have the debt transferred to them after I filed because they bought it from another company. Could that be why NDC says disputed?
    I would not worry about what NDC says about a claim's status. The CM/ECF (PACER) docket is controlling as to how, when, why, a claim is paid or not paid. In fact, it's the Order Confirming Plan that lists the debts that will be paid. The NDC is just a tool to give some visibility (for creditors and debtors) into how the Trustee is paying the claims. I would not use it for anything other than looking at how things are paid. And, yes, that would be why the Trustee marked them as disputed.

    Originally posted by lostinnola View Post
    On each of those credit cards it lists the debt as late payable unsecured debt. Does this possible mean they were late filing a claim (because they had purchased the debt) but it is still payable during the plan?
    I haven't personally seen that status on anything. It could mean what you wrote, but I personally would have filed an objection to claim if a creditor filed late. Purchasing a debt doesn't excuse a creditor from filing a "timely" claim.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment

    bottom Ad Widget

    Collapse
    Working...
    X