So what happens if the creditors don't file???

[julsmom]

We filed 6/14 and are now set to be confirmed on 11/12 (was to happen in September but postponed due to lien strip order)....i noticed on Pacer only the 2nd mor & the one secured has posted...no others, no medical, no Discover or other cards....not even the credit union that sued me?! What's up with that.... perhaps they wait to the last minute to file? I just don't get it.... ok...so I will assume they will ALL file...

but let's just say they don't, then what happens? I am paying for 5 years...where will that money go??

[CCB35]

if unsecured creditors dont file they dont get anything ,however if you are not 100%this doesnt mean much.the other creditors that did will get more money .secured will always file -ie house ,car loans.

[HHM]

Give it time, one of them will eventually file a POC (proof of claim). However, as was stated previously, if an unsecured creditor fails to file a POC, it doesn't get paid and the debt is discharged at the end of plan.

[momofthree]

None of my medical bills filed claims. Some of the credit cards waited until close to the last minute, but they all filed. On a side note, we were confirmed before the filing deadline, so not all the claims were in yet upon confirmation.

[IM2Stressed]

All of my creditors filed and then some so it seems! Most of my unsecured was sold off and it was very difficult to figure out who had what until I got a full listing of proof of claims (POC). About half of the creditors filed claims during the last week before confirmation.

[MSbklawyer]

If you have any non-dischargeable debts in your plan, student loans or taxes for instance, you should consider filing a proof of claim for them if they fail to file by the deadline. If not, your unsecured creditors that file proofs of claims will get paid through your plan to the exclusion of the non-dischargeable debts, and the non-dischargeables will be there waiting for you when you emerge from Chapter 13.

[tammygirl1]

MSbklawyer, in your experience, do you know how often Child Support services files a POC and is it usually last minute if so? My lawyer says that if they don't file by their deadline 1/25/11 then we can file one on their behalf. We owe much more to this than to back taxes...We are supposed to be confirmed by 12/06 if all goes well. How does this play out if we wait to file POC around the 1/25 timeframe...does the trustee start paying back taxes since they have a POC already? Some taxes are priority unsecured and some are secured..
Thanks in advance.

[MSbklawyer]

MSbklawyer, in your experience, do you know how often Child Support services files a POC and is it usually last minute if so? My lawyer says that if they don't file by their deadline 1/25/11 then we can file one on their behalf. We owe much more to this than to back taxes...We are supposed to be confirmed by 12/06 if all goes well. How does this play out if we wait to file POC around the 1/25 timeframe...does the trustee start paying back taxes since they have a POC already? Some taxes are priority unsecured and some are secured..
Thanks in advance.

In my experience, child support agencies have always filed their proofs of claims. They are government agencies, so they are predictably slow. Yes, usually at the last minute.

Child support debt is priority and it is also non-dischargeable. You definitely want to file a POC for them if they don't file one.