I am a pro se Ch. 13 filer whose plan was confired in January. My plan pays back 100 percent to all creditors.
The last day to file claims was March 18 and a finance company that I owe approx. $15K did not file a claim.
That finance company has my car title as security, although the finance company loan was not used to purchase the car.
I crammed down the value of the car to $4500 in my Ch. 13 plan.
I understand secured loans survive bankruptcies, and the finance company could come after my car post-discharge if they don't get paid through the trustee.
I'm wondering if I should file a claim on behalf of the finance company for the secured amount. Do I just use the same form the creditors use to do this? Would the court's confirmation of the cram-down be evidence of the secured loan?
Also, can I file a claim just for the secured part of the loan, leaving the remaining $10K or so unpaid? Or do I have to file a claim for both the secured and unsecured amounts.
The last day to file claims was March 18 and a finance company that I owe approx. $15K did not file a claim.
That finance company has my car title as security, although the finance company loan was not used to purchase the car.
I crammed down the value of the car to $4500 in my Ch. 13 plan.
I understand secured loans survive bankruptcies, and the finance company could come after my car post-discharge if they don't get paid through the trustee.
I'm wondering if I should file a claim on behalf of the finance company for the secured amount. Do I just use the same form the creditors use to do this? Would the court's confirmation of the cram-down be evidence of the secured loan?
Also, can I file a claim just for the secured part of the loan, leaving the remaining $10K or so unpaid? Or do I have to file a claim for both the secured and unsecured amounts.
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