13Network question

[brokeNconfused]

is this the same as pacer? i just had my last 2 credit cards file claims on my list at 13network. Does this mean they will show up at 3.4 hearing? I am filing a chapter 13 and am really just hoping they just want a piece of the pie.

one problem is my wife used the cards about 110 days before filing and it was a bunch for shopping/luxury items. what can happen now?

[parsoc48]

13Data Center is the Trustee's web site; PACER is a different one and there are some costs associated with it so be careful. I found PACER to be more accurate re claims filed but I like the 13datacenter to see where the money is going.
I can't answer the 110 days question, it seems to vary so much between districts and trustees; you may have to wait longer to file to get beyond that. They look at the last 6 months income and spending.
I was asked for cash advances taken in the 90 days before filing; Good luck in this process!

[brokeNconfused]

well i now notice a credit card on the list that was not on it last week. It shows a claim amount, but nothing in the schedulled amount column. Is this a creditor trying to sneak in that was not filed on?

[parsoc48]

I should have added that almost no one shows up at the 341.....it's a very short process and you'll probably be out of there under 2 minutes! Do a search on this site for 341 hearings, LOTS of information.A few of our creditors filed claims prior to the 341 but most of them in the months following. Good luck!

[parsoc48]

[QUOTE]Is this a creditor trying to sneak in that was not filed on?[/QUOTE

You mean it was NOT a creditor you listed on your filing? Or it's not a creditor you recognize? Not your debt?

[lrprn]

is this the same as pacer?

No. 13Network is where most Ch 13 trustees post information about your case. PACER is a general US court website where information about ALL cases filed in the US court system (not just bankruptcy) is uploaded for online access, primarily by lawyers.

We bk filers can access PACER is because the US govt cannot block access to citizens. But PACER is intended for use by the US courts and lawyers - not citizens. That's why it's not user-friendly.

i just had my last 2 credit cards file claims on my list at 13network. Does this mean they will show up at 3.4 hearing?

No. Filing a claim just means the creditor wants to be included when your trustee starts to pay off your unsecured creditors. The chance of a creditor showing up at your 341 is about the same as a meteor hitting your house today

one problem is my wife used the cards about 110 days before filing and it was a bunch for shopping/luxury items. what can happen now?

It depends on how the creditor feels about the charges. If the amount was high enough to justify coming after you, they will consider filing a motion with the court to declare that amount as non-dischargeable. However, again, the chances of that happening is almost zero.

It sounds like you need to learn a little more about Ch 13 so you can relax more about this process. Check out these reliable websites that explain Ch 13 in more easy-to-understand language:

http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter13.html

http://www.abanet.org/publiced/practical/bankruptcy13_whatis.html

http://moranlaw.net/13workings.htm#Chapter%2013%20practice

Hope this helps!

[lrprn]

well i now notice a credit card on the list that was not on it last week. It shows a claim amount, but nothing in the schedulled amount column. Is this a creditor trying to sneak in that was not filed on?

If it's not an original creditor listed on your filing creditor list, often original creditors turn over your debt to a collector agency that works with them on their bankruptcy accounts.

For example, in our Ch 13, most of our major credit cards turned over receiving and tracking their Ch 13 payments to contract companies called E-Cast Settlement Corporation, Resurgence Capital Services, and B-Real LLC. It's not unusual for this to happen.

If you can tell us whether the new creditor claim is from your original creditor list or is one of these receiving companies, that would help us help you better.

[brokeNconfused]

it is from resurgence Capital Services. so that is just a colllection agency to file a claim and get a piece of the pie then? it looks like Citi back was grouped in a few cards i had. I guess CITI owns them. So then the Resurgence Capital services put in claims, but looks like it may not be lumped now.


Thanks for the links ill take a look.

[lrprn]

it is from resurgence Capital Services. so that is just a colllection agency to file a claim and get a piece of the pie then?

Resurgence Capital Services is not a collection agency. They handle debt involved in a bankruptcy for the original creditor. They take in all the Ch 13 % payments the trustee sends for the original non-secured creditor.

This way the original creditor doesn't have to hassle with creating a separate bk financial dept and RCS gets a little piece of the cash for handling the accounting for the original cc creditor.

If you'd like to learn a little about RCS, here's a link to their website - http://www.rcap.com/

[brokeNconfused]

ok. so does that mean they file objections too? or the creditors themselves.

[ThreadsSnapping]

They would file an objection on behalf of the creditor. They have just outsourced their bk department pretty much.

TS

[brokeNconfused]

how do i find out about any objections besides PACER? I dont see a place for it on the 13network.

[lrprn]

how do i find out about any objections besides PACER? I dont see a place for it on the 13network.

PACER is where you will see objections filed. You will also receive a letter at your mailing address listed on your bk forms (usually your home address) as well.

13Network is just for your trustee's use to administer your Ch 13 case. You won't see objections listed there.

[NowImDownInIt]

Good luck at your 341, try not to stress too much.

[brokeNconfused]

thanks for the advice. so far nothing and the hearing is thursday. I am worried there will be some objections to surprise me. Its hard to relax when i see you paying back 60% at 324 every other week LOL......how can you be on a 36 month plan and have to pay such a high amount..