Did all your creditors file claims?

[liz417]

Hi all,

I just read a thread and she said that some of her creditors didn't file claims. My question to all of you that are confirmed in a ch 13 repayment program: did all your creditors file claims? Why would the creditors not file a claim? Seems weird.

I may be getting my hopes up for nothing

Thanks!

[lrprn]

I just read a thread and she said that some of her creditors didn't file claims. My question to all of you that are confirmed in a ch 13 repayment program: did all your creditors file claims? Why would the creditors not file a claim? Seems weird.

Frankly it's really anyone's guess which of your creditors will decide to file claims and which ones won't.

In our case we had about 20 unsecured creditors. About 2/3 filed claims. One of our biggest credit cards (over $12K owed) didn't bother, and one of our smallest credit cards (about $150 owed) did.

We had absolutely no control over who would decide to file claims and who wouldn't, so I didn't worry about it. It was going to be what it would be. When the dust settled, we will be paying back about a third of the total we owed our non-secured creditors who filed claims.

I believe that for some creditors, the special bookkeeping and extra internal processes and personnel required to accept and keep track of the sometimes irregular disbursements from Ch 13 trustees ends up costing more than the portion of the debt they eventually get repaid. Some creditors feel they come out ahead in the long run not filing a claim and just writing the debt off or selling it off quickly to a third party who doesn't realize you've filed.

[Flamingo]

lrprn is correct. You will probably find that your smaller creditors to which you owe under a $1,000 or less will not file a claim...that doesn't mean they won't in your case, but it usually costs them more to handle the matter than it would to collect.

[rrockinggramma]

I did not have all of my creditors file claims. Some on here were not so lucky. It just depends on the creditor.

[CCB35]

creditors

I had several not file a claim and i had 3 or 4 file a claim on $30 or less.the trustee is paying them a dollar a month or so lol .the part i dont understand is why not just pay those off real quick and then move on to the bigger ones.i hope they enjoy those 1 dollar checks for the next 3 to 4 years

its crazy how this stuff gets paid in chapter 13

[AngelinaCatHub]

lrprn is correct. You will probably find that your smaller creditors to which you owe under a $1,000 or less will not file a claim...that doesn't mean they won't in your case, but it usually costs them more to handle the matter than it would to collect.

[woeisme]

True, no rhyme or reason. I think my smallest claim was for $37, and they filed the paperwork. I had several that were a few thousand dollars that didn't file though. They were all medical bills I think, although from different providers. Those that didn't file claims keep harassing me trying to collect though. I've sent photocopies of the BK filing by certified mail, talked to them on the phone, etc, and yet still keep getting bills and they even sell the debt to different debt collectors, who I have to contact, explain that I filed BK on the debt, they kick the debt back to the hospital (or medical practice, etc.) and then the process starts again, it's really frustrating. If they keep it up I'm going to call my lawyer about it, but right now it's a mild nuiscance as opposed to a real problem, so keep trying to contact them and work it out. But hope that if some of your creditors don't file claims, that they don't harass you the way they are me.

[Lajazz947]

I'm sorry but what is an " AP"?

[13bound]

I'm sorry but what is an " AP"?

adversary protest.

[Lajazz947]

Thanks, is that a creditor objection?

[13bound]

Thanks, is that a creditor objection?

i think it is the debtor making a protest. i'm new at this and just going by what i have read.

[AngelinaCat]

Thanks, is that a creditor objection?

Yes, lajazz947, it is an Adversarial Protest, and no 13bound, the debtors are not making an objection.

Our enemy has a five year old stale lawsuit against us. It has never gone to trial, and it has never been resolved one way of the other. There is no judgement against us, nor do we owe anything at all to this creature. The enemy has filed the Adversarial Protest against having his lawsuit dismissed. And he is attempting to take his civil lawsuit and try it in Federal Bankruptcy Court.

[13bound]

Yes, lajazz947, it is an Adversarial Protest, and no 13bound, the debtors are not making an objection.

i understand what you are saying, but doesn't it go the other way as well?

[AngelinaCat]

I guess I'm not understanding your question. In our case our enemy has filed a Creditor Objection that is called an Adversarial Protest, but this *putz* is not a creditor.

[13bound]

I guess I'm not understanding your question. In our case our enemy has filed a Creditor Objection that is called an Adversarial Protest, but this *putz* is not a creditor.

i should have said it could be a creditor or a debtor. all this is just from doing searches on the net. i'm not a lawyer and really don't know anything about this stuff other than what i read and things i hear from my lawyer. sorry for getting off topic to the thread starter.