BK13 Vehicle put in claim?

[rjl0206]

Just wanted to ask about my claims matrix on pacer, I am waiting plan confirmation with my trustee not agreeing with payment, but anywho.... I financed a honda last year and am keeping it, paying it outside of bk13. Should they still file a claim? its raising my total claims to like $100k with them on it. Is this something to address with my lawyer or is it just for formality that they file a claim while I pay my loan outside of the BK13? thanks all.


PS: do trustees often object to payment amounts trying to get more? My lawyer and the trustee from my 341 meeting both agreed my DMI was pretty much at its limit and ha no problem at all, my payment is currently $750/month and they want to raise it to $1200...im like wtf? why did I do a means test then if they want me to pay above my means?... overtime and perdiem jobs nowadays are scarcer than ever!.

[lrprn]

I financed a honda last year and am keeping it, paying it outside of bk13. Should they still file a claim?

Yes, your auto lender absolutely has to file a claim, even if you are making the payments directly to the lender yourself. Filing a claim by the deadline keeps your auto lender's legal ownership of the car intact during your plan and keeps the payments coming in - regardless of who makes them - until the car is paid off.

PS: do trustees often object to payment amounts trying to get more?

Yes, in Ch 13 it's common to have the trustee object to certain aspects of the case as long as it's within the law to do so. It's your lawyer's job to counteract those objections legally and fight for your interests.

If you don't understand what your trustee's objections are about, then you need to sit down with your lawyer and have him/her explain what's going on to you. That's *your* job in the 13 - to understand what's going on and keep your lawyer aware of your situation at all times so he/she can do what's in your best interest.

Filing Ch 13 is *not* a passive exercise - you have to stay involved and aware for the entire length of your plan.

[rjl0206]

thanks for the insight lr..

ray

[justbroke]

Yes, certainly stay involved, and I even believe that Chatper 13 Debtors should be performing "claims policing" as well. Don't leave the task of policing claims to the Trustee (and/or your Attorney). You understand your credit accounts better than anyone else ever will, so please review all the claims and if it's off by a good amount, let your attorney know so that you too can object!

FYI, claims policing is the process of reviewing claims to make sure that they are accurate!