Roundup Funding LLC??????

[brokeNconfused]

this company just filed a claim today. It is for 2,000 more than the original debt amount? can they do this? Will this create an objection?

[justbroke]

this company just filed a claim today. It is for 2,000 more than the original debt amount? can they do this? Will this create an objection?

Tell your lawyer! (Okay, I'm going to add to that...)

Most people ignore claims and let them get paid at whatever value it is. If the "creditor" is correct (say it's Sears and Roundup Funding LLC is the "assignee"), and the amount is wrong, or vice-versa, then you need to tell your Attorney.

S/he will file an Objection to Claim stating the facts around why the claim is invalid.

I've already had about $30K worth of wrong or entirely bogus claims tried to pass off on my filing. Just be diligent and notify your attorney when a questionable one comes in (in amount or you don't recognize the creditor Or, and this is a big one, it's a DUPLICATE!)

[brokeNconfused]

yes it is odd. I noticed they have a claim for one creditor, but the credit info is for a separate account. How can the trustee allow a 3rd party collector to put a claim in for something that is higher than what has already been schedulled?

[justbroke]

yes it is odd. I noticed they have a claim for one creditor, but the credit info is for a separate account. How can the trustee allow a 3rd party collector to put a claim in for something that is higher than what has already been schedulled?

"Policing" the claims is done by the Trustee, the Debtor's lawyer, and the Debtor. However, the onus is on the Debtor to make sure they are right! It is quite easy to overlook these things when the "name" matches and they may think the amount is "relatively" close. It also depends on the District. In some Districts, the Chapter 13 Trustee is much more active in policing claims and filing claim objections.

In other Districts, it's up to the Debtor and Debtor's Attorney. I would never rely on the Trustee to police things. It's like having your medical insurance carrier police claims. They've paid for child delivery for males before.