amended proofs of claim?

[brett]

Hi all, have a question for you. I'm in California, and my wife and i are about 4 years into a Chapter 13 bankruptcy. Originally our plan was for 60 months, with 57% dividend going to unsecured creditors. A couple of creditors did not file claims, and our plan is now a 100% plan, looking like it should be completed with one more payment. In our BK, we had 3 vehicles, 1 that we kpet and have paid in the plan, and 2 that we surrendered. the 2 that were surrendered, the creditors filed secured claims originally, took possession of the vehicles, sold them at auction, but have never filed amended claims for the deficiency balances. I've been reading a lot about the 910-day rule, and from looking at my chapter 13 documentation, when we filed, it shows those 2 creditors under the heading "Secured debt satisfied by surrender of property" (or something close to that). my question is: When the trustee sends out notice that we are about to complete the 13, and asks for objections from our creditors, can those 2 creditors come back and file amended claims for the deficiency amounts? Would we have any basis to object, if they did? Thanks!

[newbie2]

Hi all, have a question for you. I'm in California, and my wife and i are about 4 years into a Chapter 13 bankruptcy. Originally our plan was for 60 months, with 57% dividend going to unsecured creditors. A couple of creditors did not file claims, and our plan is now a 100% plan, looking like it should be completed with one more payment. In our BK, we had 3 vehicles, 1 that we kpet and have paid in the plan, and 2 that we surrendered. the 2 that were surrendered, the creditors filed secured claims originally, took possession of the vehicles, sold them at auction, but have never filed amended claims for the deficiency balances. I've been reading a lot about the 910-day rule, and from looking at my chapter 13 documentation, when we filed, it shows those 2 creditors under the heading "Secured debt satisfied by surrender of property" (or something close to that). my question is: When the trustee sends out notice that we are about to complete the 13, and asks for objections from our creditors, can those 2 creditors come back and file amended claims for the deficiency amounts? Would we have any basis to object, if they did? Thanks!

Here is my take on this, but I am not an attorney: The 2 creditors should have filed unsecured claims after the auction sale of the cars. Then they would have been paid a percentage of the money paid to unsecured creditors. They didn't. I don't think they can come back now and ask for a piece of the pie.

[forgotten]

It may be district specific, but my trustee sent out a negative notice document to every creditor showing how much there claim was accepted for and they had 21 days to object. If no objections were given in 21 days the amount listed was what the their claim was, no exceptions.

Over a year after filing I still have a BMW X5 lease, the creditor was listed as getting $0 in that notice. My attorney has said they are not and will never be entiled to collect any deficency on the vehicle.