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Creditors who failed to file proof of claim

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    Creditors who failed to file proof of claim

    I am currently in a ch. 13 payment plan that was confirmed as of 8/28/08. The plan is for 60 months and the court is allowing me to pay only the non-exempt secured portion of my petition that the creditors would have received have I filed for ch. 7.

    Btw, my income is below the median income for Texas and I initally qualified for ch. 7 but I wanted to keep my car so just stuck with a ch. 13 plan. My unsecured creditors however, will get 0% or nothing thru the ch. 13 plan.

    I'd say about 70% of my unsecured creditors have failed to meet the deadline to file proof of claim. Therefore the trustee has filed an objection to disallow these creditors claims even though they get nothing anyway.

    So if I decide to later convert to a ch. 7 case, will these same unsecured creditors that failed to file a claim in ch. 13 be able to file a new claim upon conversion?



    Chapter 13 Filed 6/1/08
    341 meeting 7/17/08
    Case Confirmed! 8/28/08
    Current Stats: 5 down and 55 more to go

    #2
    Originally posted by gman76 View Post
    So if I decide to later convert to a ch. 7 case, will these same unsecured creditors that failed to file a claim in ch. 13 be able to file a new claim upon conversion?
    Yes. And you will be able to add any newly incurred debt between the filing of the 13 and the conversion.

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