First claim of many?

[sassiebaz]

I got a manilla envelope in the mail from an attorney today. It was a creditors claim...yes from Chrysler. Why am I not surprised. These people kill me. They just filed BK too, I thought it would be easier than this...They hired a local attorney here in my hometown to get their claim in to the BK court . I guess this is the first of many to come? I hope they don't get a dime out of us!

[DUMBAGAIN]

So for every creditor that files a claim they send you paperwork in the mail? I didn't know that.

[justbroke]

Not every creditor who files a claim serves it on the Debtor. I don't believe that's a requirement, but most automobile lenders and certainly mortgage companies, send copies of the "agreement" to the debtor, just to cover all bases.

I have found that the creditors who file claims by and through an attorney, the attorney mails (serves) a copy of the claim on the debtor and/or the debtor's attorney.

I have found that creditors who have their owns claims department, or if they are JDB creditors (like eSettlement, B-Real, etc), they don't serve every claim on the debtor.

It appears that creditors holding secure claims tend to serve the claim on the debtor. I would think this is because there could be arrearages and they want to be sure of the interest rate and calculation of the balance.

[sassiebaz]

You are exactly right, justbroke! They had the arrears amount and a copy of the loan paperwork we signed when we bought the car! Little do they know we are below the median income and most likely won't be paying much more than $100 a month....

[Nicollette]

I never received anything in the mail from a creditor that filed a claim. They way I found out who filed claims, was by checking the 13 network website, and from the statements that I receive twice a year from the Trustee's office letting me know how much money each creditor that filed a claim has been paid to date.

[BigJohn]

I never received anything also.

[Ifonly]

I can't wait to see a claim from Chase Auto for us. We bought this van only 1 year ago and supposedly they would only give us 10% (vs. 18%) if the loan amount were a certain value - $40,000. Well, there's still about $38K on that loan and I saw that my attorney valued the van at $12,000 on his paperwork making the remainder unsecured. Couldn't happen to nicer people because I think it was the worst car loan deal I ever consented to.

Long story where I had to trade in two cars because I was nice (insert stupid here) enough to put my name on a car loan for a friend who was living with us after her divorce. When she left she stuck me with the car so I tried taking two cars (both with loans and insurance) and turn them into one.

If I had known I'd be here now, I would have just let them repo her car and had the debt discharged with everything else. But I was working then and so scared about hanging onto to halfway decent credit. If I had done that, I would have a fully paid off vehicle (the other van I traded in). Oh well - coulda, woulda, shoulda.

[DUMBAGAIN]

so you just bought the car a year ago? I thought there is a rule that you have to have the car for at least like 910 days before you can "cram" it down. That is like 3 years.

[Ifonly]

I'm not keeping it. It's being surrendered as is our house. We're keeping my husband's Toyota which is a 2005. I'm going to need to get another car.

[BigJohn]

so you just bought the car a year ago? I thought there is a rule that you have to have the car for at least like 910 days before you can "cram" it down. That is like 3 years.

There is such a rule. We got some paperwork from our Trustee claiming not all the exemptions were taken on our two vehicles - both 2008 vehicles. On the car, we are paying in less then 9K on the car. That figure even shows up on my credit report.

[justbroke]

If you filed with an attorney, you probably won't receive anything at all, because they'll just serve it on your attorney.

As a pro se filer, I received only 4 claims out of my 40+ claims filed.