Proofs of Claim

[saxsonie]

Hello, I am new to the forum and newly filed. In checking PACER, I notice that 3 of my creditors have filed claims. I understand that proofs of claim are pretty routine, but there were two that were confusing to me. The first was in reference to a car loan that I had, in which the vehicle was broken down. It was later towed and sold by the towing company after it was not being claimed, according to the DMV. The creditor is filing the proof of claim as secured. Well I no longer have the vehicle. I was wondering how this a secured claim. Both the creditor and I were notified that the towing/storage company intended to sell the vehicle.

Nextly, are personal property taxes dischargeable in Chapter 13?

[justbroke]

As for the vehicle, the claim may not be secured because the care doesn't exist. All you can do, through your attorney, is not treat it as secured in the Plan and see if they complain about it.

All taxes from a governmental unit are non-dischargeable unless they meet a particular criteria. However, a Chapter 13 does have the Super-Discharge and you may be able to discharge portions of those taxes after you complete the terms under your Plan. Also, your State's underlying non-bankruptcy law will come into play as to whether your personal property taxes have a statutory lien or super-lien automatically applied.

[saxsonie]

Does the trustee make the final determination as to whether the claim is secured or unsecured? My petition has this debt listed as unsecured non priority

[AngelinaCatHub]

I don't know the circumstances of where your car is or was. If it were secured I would think you would be responsible for the asset. If this was towed and sold for not claim, still I would think you would be responsible for it. However, if you did no fraud, the car does not exist, you are in bankruptcy, remember? How would you be responsible? Only fraud or malicious intent could cause an Adversary Procedure. I doubt it would come to that. 'Hub

[bobbyquefour]

It seems to me, though, that if your car was towed, that is your responsibility and if you were both notified it was to be sold and you did nothing, aren't you still liable since it was not handled by you? I mean, even though you no longer had the car, it was due to your actions (or inaction) that you no longer have it.

Please don't take my comment as negative, but am I missing something here?
Bobby

[bobbyquefour]

It seems to me that it would still be your responsibility since the car was in your care when it was towed and you did nothing to get it out before it was sold (and you were notified that it was to be sold).

Please do not take my comment as offensive, I just feel like I am missing something. It kind of reminds me of when someone breaks something and they say "But I didn't mean to do it" but is still their "fault" per se.
Bobby

[justbroke]

Does the trustee make the final determination as to whether the claim is secured or unsecured? My petition has this debt listed as unsecured non priority

Your petition has it listed properly. Again, you, by and through your attorney, can file an objection to the claim being made as Secured, or just continue to treat it as unsecured in your Plan (by not mentioning it specifically in the secured debt section). If the creditor is upset about their treatment in the plan, they can complain.