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Chapter 13 Creditor not showing claim on statement

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    Chapter 13 Creditor not showing claim on statement

    I am set up for 5 years and all creditors (secured and secured) to receive 100%. There are 2 major claims that show scheduled amounts, but do not show claim amounts.

    Citibank for 20,839 and Sears for 11,651.

    I have been making payments for @ 30 months and nothing has been paid to these 2 creditors. Does this mean they did not file a claim and will not be paid or could their be another reason why they are not geeting paid and all other unsecured creditors are receiving payments?

    #2
    If someone at Citibank and Sears forgot to file a claim, then yes, the trustee payment plan will not direct funds to them so you'd have to make separate payment arrangements.

    Probably they'll be willing to set this up with you directly and you won't have to go to the hassle of trying to get them amended into your bk.

    Hope that helps.

    Comment


      #3
      If they did not file a claim, and you complete your Ch 13, then the debts with them are considered discharged. They would have had to file a claim by the "bar date." If they did not, then you owe them nothing, as long as you complete your 13.
      Filed: 5/22/07; 341 Hearing: 6/27/07;
      Confirmed: 8/13/07; DISCHARGED 4/17/2012

      Comment


        #4
        Originally posted by bk2803 View Post
        I am set up for 5 years and all creditors (secured and secured) to receive 100%. There are 2 major claims that show scheduled amounts, but do not show claim amounts.

        Citibank for 20,839 and Sears for 11,651.

        I have been making payments for @ 30 months and nothing has been paid to these 2 creditors. Does this mean they did not file a claim and will not be paid or could their be another reason why they are not geeting paid and all other unsecured creditors are receiving payments?
        I'd say you will be getting some money back.
        filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

        Comment


          #5
          Originally posted by bk2803 View Post
          I have been making payments for @ 30 months and nothing has been paid to these 2 creditors. Does this mean they did not file a claim and will not be paid or could their be another reason why they are not geeting paid and all other unsecured creditors are receiving payments?
          What other priority and secured claims arrears are being paid back in your plan? Trustee payments go out to creditors in a specific order - your lawyer and trustee's admin fee first, and priority payments to claims are made second (IRS, mortgage arrears, child support, etc). Once your lawyer and all priority claims are paid in full, only then will the unsecured claims begin to be paid out.

          We were in our Ch 13 plan for 2.5 years before our unsecured creditors who filed claims saw a dime.

          Citibank and Sears would not show as a claimants on your plan on PACER or your trustee's website if they hadn't filed claims. So they will get their money - just not until the priority claims are all paid in full.

          Talk to your lawyer about this to be sure this is what is happening in your case.
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            all the other unsecured claims have been getting paid for @ 1 year.

            They both show up on report and have scheduled amounts, but both show zero on the "Claim amount"

            Comment


              #7
              Originally posted by bk2803 View Post
              all the other unsecured claims have been getting paid for @ 1 year.

              They both show up on report and have scheduled amounts, but both show zero on the "Claim amount"
              I could be wrong, but I would think they didn't file a claim. Unsecured creditors that I listed in my plan that did not file claims, show up on the Trustee's report with a scheduled amount. That being the amount I reported that I owed, but in the claim amount, its "0" because they didn't file a claim. To be on the safe side, do as Lrprn says, and check with your attorney to be sure.
              Filed: 5/22/07; 341 Hearing: 6/27/07;
              Confirmed: 8/13/07; DISCHARGED 4/17/2012

              Comment


                #8
                Originally posted by bk2803 View Post
                all the other unsecured claims have been getting paid for @ 1 year.

                They both show up on report and have scheduled amounts, but both show zero on the "Claim amount"
                Usually, when the "claim amount" is $0.00, that means that the creditor didn't file a claim.

                The only way to tell, would be to either contact the Trustee's office, or for you to look on PACER at your claims register.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment

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