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what happens with companies that do not file claims?

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    what happens with companies that do not file claims?

    Are they completely out of the picture now? I had almost $50,000 in debt but now i only have $19,000 worth of claims. that bumped me up to a 100% payback and that is fine with me.

    What would happen if I just decided to drop out of the chapter 13? Would the credit card companies that did not file claims once again come after me or was my debt to them wiped out?

    And just so you know, I have no intention of doing that I was just wondering. It does feel good knowing that If I ever come into a big chunk of cash or even want to pay a little more I can end this all a littler earlier because i'm in 100% payback.

    #2
    It is my understanding that if you get dismissed they can come after you because you lose protection from the stay. Furthermore, the BK 13 stays on your credit report. So get still get tanked from a BK 13 but lose all of the benefits.

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      #3
      No, stay in the bk because you will be liable for all debts if it is dismissed. But can I ask who didn't file the claim. I'm filing in the next week...a bk 13 and hoping that not all will file claims. My big one is AMEX then Chase. Has anyone had experience with them.

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        #4
        If you don't finish your 13, then those companies that didn't file a claim can come after you. Their debt is only discharged after you complete your 13. There really wouldn't be a good reason to get your 13 dismissed, be glad that they all didn't file.

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          #5
          I had $20,000 worth of debt with Bank of america and they did not file a claim

          Chase did not file, Sears did not file, AT&T did not file, Citi did not file

          actually the only ones that filed are Discover and some company's called

          SHERMAN ACQUISITIONS LP
          and
          B-REAL, LLC


          i've never heard of them and assume they are some sort of collection service?


          My Date Confirmed was 10/15/2007, Do you think any other companies will file a claim?

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            #6
            Our MBNA cards and many of the major cc sold our accounts after we filed for bk and the companies that they sold them to made claims. So most of our payments are going to the "clearing house" company.

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              #7
              Originally posted by James H View Post
              actually the only ones that filed are Discover and some company's called

              SHERMAN ACQUISITIONS LP
              and
              B-REAL, LLC
              These are companies that manage accounts included in bankruptcy filings for big lenders like Sears. Some of your original creditors moved your debt over to these companies after you filed. B-Real is one of our Ch 13 "creditors" too.

              My Date Confirmed was 10/15/2007, Do you think any other companies will file a claim?
              In Ch 13, your creditors have 90 days (the govt has 120 days) to file claims after your 341 meeting. Has 90 days passed since then?
              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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                #8
                Originally posted by James H View Post
                I had $20,000 worth of debt with Bank of america and they did not file a claim

                Chase did not file, Sears did not file, AT&T did not file, Citi did not file

                actually the only ones that filed are Discover and some company's called

                SHERMAN ACQUISITIONS LP
                and
                B-REAL, LLC


                i've never heard of them and assume they are some sort of collection service?


                My Date Confirmed was 10/15/2007, Do you think any other companies will file a claim?
                B-Real, LLC is who bought my debt from Chase. I don't know who Sherman is.
                Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
                Plan Confirmation 6/16/06 :yahoo:
                Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

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                  #9
                  citi was my brother's biggest creditor in his 13 and did NOT file a claim. He was in a 100% payback.
                  Chapter 7 Pro Se....Discharged Feb. 2006

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                    #10
                    3 Citi cards 22k dnf
                    Commercebank of missouri 3.5k dnf
                    Nextcard 6.5k dnf
                    Greentree 130k (mortgage) dnf

                    the only 2 that filed were junk debt buyers
                    lvnv for National Bank 4k
                    Ecast for MBNA 20k

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                      #11
                      did you say that your mortgage company did not file?

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                        #12
                        B-Real filed on behalf of my Chase and Sears cards as well.

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                          #13
                          Sherman Acquisition filed claims for two of my Citi cards. I only had four creditors, and they all filed claims. The amount owed ranged from about 6K to 11K.

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                            #14
                            Originally posted by stljohn View Post
                            3 Citi cards 22k dnf
                            Commercebank of missouri 3.5k dnf
                            Nextcard 6.5k dnf
                            Greentree 130k (mortgage) dnf

                            the only 2 that filed were junk debt buyers
                            lvnv for National Bank 4k
                            Ecast for MBNA 20k
                            So, your mortgage company didn't file a claim. I didn't know that was a possibility????

                            Comment


                              #15
                              Originally posted by truckerswife View Post
                              So, your mortgage company didn't file a claim. I didn't know that was a possibility????
                              Nah, they foreclosed, I was too slow at the switch to stop. Ultimately I'm glad it worked out like that.

                              Anyway I presume they got enough in the sale that filing claim wasn't worth it.

                              Comment

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