? On Proof of Claim

[debtinohio]

I saw on Pacer a Proof of Claim was filed for our leased car, from this form it states:

5. SECURED CLAIM.
[X] Check this box if your claim is secured by
collateral (including a right of setoff).
Brief Description of Collateral:
[ ]Real Estate [X]Motor Vehicle [ ]Other
2008 Mercedes Benz XXXX VIN: XXXXXXXXXXXXXXXXXx
Value of Collateral: $ 29,8XX.00

Rejecting Debtor's Plan

Amount of arrearage and other charges at time case filed
included in secured claim, if any $ 6XX.00

Creditor reserves the right to amend its claim to seek a deficiency
balance, if any, in the event creditor's claim is liquidated.

So, should I be concerned with the part that states "Rejecting Debtor's Plan" ?? I proposed to continue paying the car outside of the plan until the lease is up, 1 payment may have been a week or so late at the time they did this proof of claim hence the $6XX

[newbie2]

They may be objecting to the plan because the arrears wasn't addressed in the plan. Did your attorney put in to the plan the payment that is behind?

[debtinohio]

No, no arrears were listed. I run about 2 weeks late on it each month. I suppose I just need it current & show proof of that at my 341?

[forgotten]

It is very important that anything you plan on keeping be paid by the due date from the time you file until you are discharged.

I can't imagine the trustee is going to allow you to assume the lease on a $600+/mo vehicle anyway.

[debtinohio]

It is very important that anything you plan on keeping be paid by the due date from the time you file until you are discharged.

I can't imagine the trustee is going to allow you to assume the lease on a $600+/mo vehicle anyway.

I can keep it current, I don't really care for them so I've been slooow in sending it. I tried to replace the car but wasn't able to secure a loan for any car, not one for $5K or one for $20K.

It is the only car option we have for her right now, I kept it since a 1 year lease is better than no car at all.

My lawyer's never had a concern about it and our trustee seems lenient so I guess we'll see. It's current now with a payment due in 1 week so I'll send that out Friday and the 341 is 1 week later.

[forgotten]

I can keep it current, I don't really care for them so I've been slooow in sending it. I tried to replace the car but wasn't able to secure a loan for any car, not one for $5K or one for $20K.

It is the only car option we have for her right now, I kept it since a 1 year lease is better than no car at all.

My lawyer's never had a concern about it and our trustee seems lenient so I guess we'll see. It's current now with a payment due in 1 week so I'll send that out Friday and the 341 is 1 week later.

I was objected to both of my car payments @ $530 and $460 as too high. But as you said, every district is different. Keep in mind they can request for relief of stay to try and reposses the car if you are 1 day late on the payment.