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Trustee posted motion to let a creditor file a late claim!

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    Trustee posted motion to let a creditor file a late claim!

    I hope my attorney fights this. Last date for filing claims was March 10th and this creditor filed it March 31st so he's making a motion to the court to allow this! What are the chances it will be allowed? I am so pissed!
    Filed: October 1, 2007 341: December 10, 2007
    CONFIRMED: December 10, 2007
    Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

    #2
    Originally posted by MajorMike View Post
    I hope my attorney fights this. Last date for filing claims was March 10th and this creditor filed it March 31st so he's making a motion to the court to allow this! What are the chances it will be allowed? I am so pissed!
    Call your lawyer and tell them you want to fight this. If you don't, it will probably be allowed.
    Chapter 13 filed -8/12/04
    Plan approved- 7/11/05
    Date discharged--10-12-2007
    Date closed- 12/6/2007:yes2::yes2:

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      #3
      well unfortunately it is up to the trustee. And the creditor must have had a good reason to file it late for the trustee to allow it. Was it a big claim, cause that will if it is

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        #4
        Mike
        Are you at 100% payback? If not, it shouldn't make any difference to your payments at all. Unsecureds will just get a lower percentage to allow for the addition of another creditor.
        You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

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          #5
          Did you read the motion, what are the grounds the creditor is citing for filing a late claim.

          In any event, it is not really something you need to get "pissed" about. It is not going to affect the amount of your payment. If you were 100% payback and were thinking you might get out earlier, it could lengthen the plan (up to 60 months).

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            #6
            As others have said, it shouldn't really affect you unless you are at 100% payoff, but another way it could affect you is if you came into a windfall or managed to save up enough $ that you could buy out your plan, in which case you might have to pay 100% to buy out and this would then come into play. (Not sure what the new law is going to do about bou outs after the 36 month timeframe yet, may increase payout to 100%, may let you pay out at initially proposed amounts the way old law did, who knows?)
            Filed CH 13 September 17, 2007
            Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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              #7
              I AM pissed because my student loan is in there and now less of it will be paid. The reason the trustee gave was that it was CLOSE to the deadline of March 31st. Crock of crap!!!! I really don't want to piss off the trustee though by giving him grief! Probably shouldn't say a word!
              Filed: October 1, 2007 341: December 10, 2007
              CONFIRMED: December 10, 2007
              Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

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