Harley Financing Company didn�t file a claim

[Rocket]

[Jman30]

Are you paying anything on the bike? Inside or outside the Chapter 13?

[Rocket]

[rrockinggramma]

We had a vehicle included in our chapter 13 with no claim filed. However, the trustee paid the amount we submitted as the "owed" amount with 6 percent interest added on. Your lawyer should file a claim and if he doesnt, you should. I had the trouble with my first lawyer that you are having now, (no contact) but on this filing, I have a lawyer that responds. When I interviewed him I made sure he understood I wanted my questions answered by him and not the receptionist. LOL Good luck! You might want to call the lender company and ask what their intentions are concerning this claim. It may have just slipped through their cracks somehow.

[aa06a47]

Technically, secured creditors do not have to file a proof of claim unless, as in your case, arrears are to be paid in the plan. I would recommend you get this taken care of quickly. Since your making plan payments (which included some amount I'm sure for the arrears), when it is all over you will still have the arrears that must be paid. Remember, secured debt survives bankruptcy!!!

[Rocket]

[lrprn]

See my answers to your questions below....

Relax. Your motorcycle's payments are being paid inside your Ch 13 plan. The trustee disburses payments when he/she is good and ready. As long as Harley knows you've filed, you are ok.

1. If the Lawyer does file on Funancings behalf, will our base amount go up (even though it was calculated on disposable income of $650.00 a month for 54 months = 35,100.00) We just paid our 25th payment. Will the bike still get paid off, or will we be making bike payments after bankruptcy?

Your Ch 13 monthly payment amount is set when your case is confirmed. Only if your lawyer files to make an amendment to your plan would your payments change after confirmation. As long as the entire value of the bike was included to be paid through your plan over the required number of months, the bike should be paid off at the end of your plan and you will get the title to the bike.

2. If the lawyer does not file on Funancings behalf, then what happens to the bike?

Which lawyer? Yours or theirs? Is your Ch 13 case confirmed? If it is, when was it confirmed?

What is everybody else doing with their cars, are they in your plans, outside your plans? How where they handled?

Our cars are being paid through our Ch 13 plan by our trustee. The amount we owed on each was stretched out to 60 months and that's what the trustee sends Ford Motor every month.

[Rocket]

[aa06a47]

I would contact either your attorney or trustee and find out for sure about your concerns. I've only been in the chapter 13 for 6 months. One thing I do know, if the creditor doesn't file a claim, secured or unsecured, they will not get paid a dime from the trustee.

You don't want that hard earned payment to the trustee going to the unsecured creditors only to get to the end of the bk with the secured debt not paid. After all, your indicating your payments included payments for the motor cycle. If Haryley hasn't filed a claim, then your attorney can file on there behalf.