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Not all Creditors Filed Claim

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    Not all Creditors Filed Claim

    So we checked Pacer and:

    Secured claims: Car company did file claim as we expected
    Priority claims: IRS and state did file claim as we expected.
    Unsecured claims: Of 13 creditors, only 4 did not file claims.

    The deadline (dec 2010) has passed for the claim filing, however we are not confirmed yet. We had 2 creditors' meetings. Confirmation hearing scheduled for May.

    We filed to payoff the fed/state tax debt. House is being paid outside the plan. Everything else is in the plan.

    We assume our student loans will get deferred, however it also is going to get some money. We're willing to accept the additional interest the student loans will accrue because the bigger monkey on our back was the tax debt.

    We were self-employed, however due to not getting a steady monthly income, we were unable to make our payments. We just kept getting in deeper and deeper and realized in 2010, it was not worth getting into so much tax debt. We found jobs so now we have a steady income each month.

    So does this mean that the 4 creditors who didn't file will not get anything? Can the attorney use the final claims as a way to lower our monthly payment. We would use an extra 100-200 dollars each month so we don't have to dig into our savings as much and can have a cushion over the next 5 years to get us through the bk.

    #2
    It is unlikely you can reduce your payment. All your disposable income is supposed to go towards the plan. You didn't say if you are paying back 100% to the unsecured creditors in your plan. If so, it might be possible to lower the payment, but more likely it will just get paid off sooner. I am not an expert though, someone more knowledgeable might chime in.

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      #3
      Correct, payment does NOT go down if not all creditors file claims. The ones that filed claims get more money, or if you are close to 100%, you might get out early since the total of your payments will pay off all filed claims before the end of 60 months.

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        #4
        What is PACER?

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          #5
          Originally posted by mylife View Post
          What is PACER?
          See the forum PACER sticky at http://www.bkforum.com/showthread.ph...-What-is-PACER
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            Originally posted by minan View Post

            So does this mean that the 4 creditors who didn't file will not get anything?
            That is what it means. Your job is to list all of your creditors and their job is to try and get their slice of the pie.
            All information contained in this post is for informational and amusement purposes only.
            Bankruptcy is a process, not an event.......

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              #7
              Yea, a couple of creditors didn't file claims (one was $11k, never understand that) and our plan went from 70% to 100%..

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