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Which creditor did not file a "Proof of Claim?"

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    Which creditor did not file a "Proof of Claim?"

    Hi All -- my 90th day for my unsecured creditors is just around the corner -- days from now.

    I have about 4 more creditors that have not filed their proof of claims and I am praying really, really hard, they do not come through so my plan will have a shorter period than the 60 months.

    One of the big ones is CitiFINANCIAL.

    1. Has anyone had CitiFinancial (LOANS) on their petition and Citi did not file? If so how much was your balance?

    2. Just curious but who were your creditors that did not file and were the balances huge?

    Filed March 2009

    #2
    Originally posted by simon2020 View Post
    Hi All -- my 90th day for my unsecured creditors is just around the corner -- days from now.
    So if you don't have taxes owed or other government debts - they have 180 days to file claims - you are in good shape at the moment.

    I have about 4 more creditors that have not filed their proof of claims and I am praying really, really hard, they do not come through so my plan will have a shorter period than the 60 months.
    Not to burst your bubble, but several of our cc's filed claims on the last two days they could. Hopefully that won't happen in your case.

    As long as your plan provides a 100% payback to every non-secured, then if some unsecureds don't file claims your plan will be shortened. Otherwise your payment stays the same and the overall payback % increases.

    The Ch 13 plan lasts its defined 36 or 60 months or until all the creditors who filed claims are paid back 100%, whichever comes first.

    2. Just curious but who were your creditors that did not file and were the balances huge?
    We didn't have Citi, but did file with several Mastercard and AmEx cards that were over $10K each. AmEx filed a claim, but one of our Mastercards with over $12K on it did not.

    There's really no pattern about which cc's file claims and which don't. Amounts owed don't seem to matter much either. One of our local gas cc's had less than $50 on it and they filed a claim. Go figure.
    Last edited by lrprn; 07-12-2009, 07:29 PM.
    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

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      #3
      I know I have a JCPENNY card that filed for $70.

      I guess my trustee will be paying them a dollar and change for the next 60 months!! LOL
      Filed March 2009

      Comment


        #4
        I had a loan with Citifinancial for $8K and they did file a claim. Of course, they will only get $1500 since I am at a 19.24% payback.

        A lot of the unsecured creditors I had that did not file a claim were pay day loan lenders.

        Here are some of the credit card creditors I had that did not file a claim. The balances on these cards ranged from $300 to $7500:

        Capital One
        Sears
        Lowes
        Old Navy
        Bank of America
        Filed CH 13 4/21/08
        Discharged 5/29/13

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