Claim Amounts

[zeezee]

When a creditor claims more than what is in your plan do you have to pay the amount they claim or the amount that is in the plan?

When I filed I gave my lawyer the amounts owed based on the statements at that time. Now I see that Discover has claimed an amount way over what was owed on the statement. (i.e. the statement said $12,352 and disc is claiming $13, 798)

How is this worked out when the amount is hgiher?

[ccfriend]

The amount that Discover claims unless you dispute it. Sometimes the difference is because of a fee they charge for having to fill out the claim. I had one creditor charge a fee for the claim. But your amount of difference seems pretty high!

[falken]

Looks like about a months worth of interest at the default rate. Did another statement cut before you filed? If not, they probably used a different date other than the date you filed for the claim amount (they should not have).

If you are in a 100% payback you may want to dispute the claim, depending on what your lawyer would charge you. If you are not in a 100% payback the amount you pay if not going to change, so it really doesn't matter.

Edit: Just saw you are in a 100%... so it comes down to making sure another statement did not get issued before you filed and how much your attorney will charge you for disputing the claim.

[zeezee]

Thanks for the responses. I had not received another statement before I filed. I will have to wait and see what all claims are put in first. I was just wondering which amount they would take into account.

I'll definitely keep an eye so that I can talk to my lawyer about it when the time comes.

[Nicollette]

I didn't have any problems with my claim amounts, but doesn't the creditor have to provide proof of what is owed when they file a claim to be paid?

[justbroke]

When a creditor claims more than what is in your plan do you have to pay the amount they claim or the amount that is in the plan?

Any claim that was 10% more than what I schedule it for, was objected to. Plain and simple. (Even though I'm in a 0% plan.)

Since your amount is only about 10-11%... probably nothing to complain about unless you are in a forced 100% plan.

[forgotten]

I didn't have any problems with my claim amounts, but doesn't the creditor have to provide proof of what is owed when they file a claim to be paid?

From what I have seen "proof" is nothing more than a printout with your account number/name and an amount on it.

[justbroke]

From what I have seen "proof" is nothing more than a printout with your account number/name and an amount on it.

Since I filed pro se, I objected to any claim that didn't correctly document my account. Of those objections, only 2 companies provided the "statement" copies to prove ownership of the debt.