Plan Confirmed not all creditors put claim in...

[jetsfan2010]

Hopefully someone on here can assist me with this,
I received a letter from my trustee this week stating my 13 plan is now officially confirmed, so all I need to do is keep making payments. Yesterday I logged on 13 data center to view the official claim amts, and to my surprise, 5 creditors(all unsecured debt, totaling approx 18k) did not have a claim put in.

Does that mean they wont get paid because its confirmed? If thats the case, since my payment is based off that amt we originally put in, could I get my payback shortened and/or payment reduced?

Thanks!

[enginegirl]

are you past your bar date?? If so then the creditors are SOL! if not they still have time, I had 3 file the day before bar date......

[jetsfan2010]

How do I know what my bar date is?

[enginegirl]

I believe it is 120 days after you file.... so if you filed 11/15/10 your bar date will be 3/15/11 so they have until this Tuesday....

[jetsfan2010]

thank you for that info enginegirl.
So...if they dont file after that, is it true my overall bk payback would lower and my total term could lower?

[enginegirl]

thank you for that info enginegirl.
So...if they dont file after that, is it true my overall bk payback would lower and my total term could lower?

not necessarily ......if you are in 100% payback then yes it could... but if you are not then probably the answer will be no... your creditors will just get more money.

[longhaul]

You need to be aware that the 13 data center data may not be current. I had the same thoughts when we were confirmed last year. When I first logged into 13 data center, there were no claims for some creditors, but we had listed them all in our documents. Eventually they all showed up.

[LadyInTheRed]

The bar date for filing claims is 60 days after your 341 meeting.

[jetsfan2010]

not necessarily ......if you are in 100% payback then yes it could... but if you are not then probably the answer will be no... your creditors will just get more money.

thanks for the info yes I am in a 100 percent plan.

[jetsfan2010]

You need to be aware that the 13 data center data may not be current. I had the same thoughts when we were confirmed last year. When I first logged into 13 data center, there were no claims for some creditors, but we had listed them all in our documents. Eventually they all showed up.

how long did it take for all of them to show up?

[lrprn]

The bar date for filing claims is 60 days after your 341 meeting.

Sorry, LIR - this isn't correct. Here's the Ch 13 timeline in almost all local courts:

30 Days After the Meeting of Your Creditors - The bankruptcy trustee and your creditors have 30 days after the conclusion of the meeting of your creditors to make objections.

45 Days After the Meeting of Your Creditors - The court will have a confirmation hearing during which the bankruptcy trustee will recommend to the judge whether or not your repayment plan should be approved by the court. Your creditors do have the right to object to confirmation of your case, but your attorney will likely have resolved any objections to confirmation before this date. (Note: some local courts hold the confirmation hearing on the same day as the 341 meeting.)

90 Days After the Meeting of Your Creditors - All of your creditors (except for government entities) must file their proofs of claim (these are documents your creditors submit to the court specifying how much you owe them) within 90 days after the first date set for your creditor meeting if they wish to share in the payments from your case.

180 Days After Your Case is Filed - Government entities that have claims against you (such as the IRS) have 180 days after the filing of your case to submit their proofs of claim.

Source: http://www.totalbankruptcy.com/chapt...-timeline.aspx

[LadyInTheRed]

Sorry, LIR - this isn't correct. Here's the Ch 13 timeline in almost all local courts:

No sorry necessary. Thanks for the correction. That's what I get for trusting my memory instead of looking it up.

[jetsfan2010]

thanks for the clarity