Watch Your Claims!!!

[justbroke]

Wow. I'm glad I have a particular Judge assigned to my case because she has ruled on this type of shenanigans before for the SAME company and recently!

I just had 3 claims filed today. One is from 20 years ago (yes, that's not a typo... twenty years ago), and the second from 12 years ago!!! Sheesh, it should be a violation of the stay to submit a claim for an unenforceable contract. Too bad, cause I was going to file a Motion to Sanction And Violation of Automatic Stay. I'm filing my objections now. I really wish they could get spanked for what they just tried to do (collect in Bankruptcy court on a time-limited collection of a debt).

Then, to make it even more interesting, a known debt buyer who has been spanked by my same judge two months ago, submitted a claim with NO DOCUMENTATION except a printout with an account number and the amount (and a few other things). It seems they are claiming to have a transfer of debt that was transferred, itself, in April 2008. Wow. These folks got to be kidding. I don't even know what this claim is. I hope that my objection is granted, because then, I'm going to make another motion that they won't like.

Again, to repeat, regardless of whether you file pro se or with an Attorney, you need to check your Claims! The roaches will come out of the woodwork, trying to get money from your bankruptcy estate!

[rrockinggramma]

I agree. Checking over the claims is very important. I had one that slipped through my cracks at the time. They were discharged in my chapter 7 in 2001 and now they are getting about 80 percent of what I owed them in my chapter 13. They made out great because I missed it!

[jessegirl]

Whats does all this mean? I am lost. I am going to be filing for a BK7 in Sept. Should I be concerned with what you are talking about? Please explain I am completely lost with this thread.

Thanks in advance for your patience

[justbroke]

Whats does all this mean? I am lost. I am going to be filing for a BK7 in Sept. Should I be concerned with what you are talking about? Please explain I am completely lost with this thread.

When you file Bankruptcy, the creditors who want to get money from your Bankruptcy Estate will file Claims.

They need to file a Claim to be paid from the Estate, especially if it's listed and you will be discharging the debt (by having listed it). A Claim is basically a statement showing that you owe a certain creditor money.

I say to make sure you examine all Claims whether you have a lawyer or not is because some of these guys are sneaky and may even file Claims that are not even your account. You just need to check the claims that come in to ensure that they are correct both in the Creditor's name and the amount being claimed!

Of course, this only applies in a Chapter 7 Asset Case, or a Chapter 13 case. If your case will be a No Asset case, you have nothing for them to claim against!

If you have a competent lawyer, s/he will have you examine and validate all claims anyhow. But, I'd still be vigilant!

[rrockinggramma]

if your chapter 7 is a no asset case then you have nothing to worry about with claims being filed.

[Mi Bankruptcy]

My attorney told me when filing ch 7 in a no asset case that it did not matter the $ amount it just mattered that the creditor was listed. For instance, I was in the hospital and have not received all the bills from the hospital. The attorney said that when we file it includes everything from the hospital up to the day I file. He used an example for the hospital for signs saying "money is due at time of service" so it didn't matter that I have not received a bill yet.

[justbroke]

Good News, just got the orders sustaining my objections. I filed the objections on 8/21 and the Orders just showed up in PACER with an order date of 8/22!

These Creditors are crazy with what they submitted, which was basically nothing.