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    Question on claims

    This board is super. Thank you in advance! I filed chapter 13 on 2/7/09. Had my 341 on 3/17. Confirmed on 7/30. I'm in for 100 percent. When did my 90 days for claims to be filed begin and end? Would the data on 13 data center for claims to accurate at this point in time? Over half of the claims have not been filed and I would just love to hear that what I thought I would be repaying would be drastically reduced. I would love some good news at this point. I will check with my attorney tomorrow but it will take him a few days to respond and I just would love to know if I should feel relief or if this is just a false positive. One of the claimants is the main reason I filed 13 in the first place (lawsuit) so I know he was notified properly. Why would they not file a claim?

    #2
    Originally posted by pnut22 View Post
    Had my 341 on 3/17. Confirmed on 7/30. I'm in for 100 percent. When did my 90 days for claims to be filed begin and end?
    Your 90 days began on the first date set for your 341. Keep in mind that if you have government lenders (for ex, you owe IRS taxes or have federal student loan lenders), those have 120 days to file claims. However, if you and your lawyer had to amend your plan (and I'm guessing you may have had to because of the time elapsed between your 341 and confirmation), then your creditors again have a chance to file a claim (usually 30 days after the amended plan is filed with the court and the creditors are notified about the amendment) even if they didn't earlier.

    Would the data on 13 data center for claims to accurate at this point in time?
    If you did have amendments after your initial 341, then 13DataCenter may not be final at this point. You'll have to work this out with your lawyer.

    One of the claimants is the main reason I filed 13 in the first place (lawsuit) so I know he was notified properly. Why would they not file a claim?
    It's not unusual to owe many thousands to a creditor who never files a claim. It's also not unusual to have creditors that you owe very little to file claims. There's no rhyme nor reason why some creditors file claims and some do not, and it's impossible to predict ahead of time how claims will turn out.

    No matter how your final claims list turns out, best of luck having a trouble-free 13 experience to the end!
    Last edited by lrprn; 08-09-2009, 03:52 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

    Comment


      #3
      Thank you for the response. It reads as filed Feb 17th and amended Mar 2 has been confirmed. That was the only amendment, and involved only the address of my mortgage holder who is not a claim holder. So do you you think at this point that the column that reads principle owed are the actual ones I will need to pay?

      Comment

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