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Deadline for Claims Questions

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    Deadline for Claims Questions

    My brother is 7 days from his deadline. I've posted a similar question before, but I want to see what you guys think now. He is 100% payback and only about 30% of his creditors have filed claims. The bigs one like chase and citibank...approx. 6000 each, have not filed and a few other large medical bills. What are the chances they won't file? Wow...wouldn't it be great if they failed to file claims. That would put him at approx. 30,000 including his student loans instead of the estimated 80,000 or so. Any feedback is appreciated. I know it probably just a waiting game til the 25th, but I'm keeping my fingers crossed for him. Oh, and what is a creditor files late, can they get the claim approved or it the deadline written in stone?
    thanks
    Chapter 7 Pro Se....Discharged Feb. 2006

    #2
    Originally posted by cindylynnsmith View Post
    What are the chances they won't file?
    There seems to be no rhyme or reason which creditors file claims and which don't. In our Ch 13 case, only about half of our creditors filed claims. A cc with one of our highest amounts owed (over $12K) wrote us off, and a cc with one of our lowest amounts owed (less than $300) filed a claim.

    what if a creditor files late, can they get the claim approved or it the deadline written in stone?
    Unless the creditor can prove to a bk judge that they weren't included in the bk and should have been or that they weren't properly notified, the deadline is written in stone.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Well, its half past midnight on the day of the deadline for claims. His total is 30,999 out of possible total close to 80,000. Citibank failed to file an 8000 claim and chase failed to file a 12000 claim. many medical bills weren't filed and even his exgirlfriend who works for a bankruptcy attorney didn't file a 1200 claim. Go figure! I even talked to the clerk and he told me that what it on the system at midnight it what it is. There is no delay in the claims showing up. Anyway have any experience with what pacer said at midnight and whether claims showed up later? He is in 100% payback, so this is really GREAT news for him!!!!! Hope it is as good as it seems.
      Chapter 7 Pro Se....Discharged Feb. 2006

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        #4
        It is not unusual for that to happen. In my case less than 1/3 of the creditors filed claims.

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