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Secured Creditor (Property Tax) did not file a claim?? What happens?

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    Secured Creditor (Property Tax) did not file a claim?? What happens?

    I filed Chpt 13 on June 2009 and the plan was confirmed in August 2009. My payment plan is $300 a month for 36months. There are two secured creditors which is 100% payback. 1) My mortgage (only 1 month back payment which has been paid off already in the plan) and 2) $6000 in back property taxes. Everything else is unsecured. My borough never filed a claim for the 6K and looking through my statement from the trustee is states $0 in the claim. I received a statement from my borough showing the 6K is past due and they are charging me penalties and interest?? Does anyone know what I should do? Is this going to effect my plan?

    Thanks for any help in advance!

    #2
    I would send a letter to the taxing authority reminding them that you filed a Chapter 13 waaaay back and give them the case number. The ball will be in their court then. I would also send a copy of the statement to your attorney for his / her advice.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      Your attorney should be able to file a claim for the property tax bill, but it should have been done quite a while ago. Our trustee sent out a list of claims about 8 months into our ch.13 with a note that if we needed to file a claim for a creditor or strip a lien, now was the time to do it, and it listed a deadline....
      Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
      0% payback to unsecured creditors, 56 payments down, 4 to go....

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