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Claims confirmation questions....

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    Claims confirmation questions....

    First many apologies if I've asked this before...

    First, our case is 2 months long - filed 2 months ago. YESTERDAY was date for objections to plan - as of - right now - nothing on PACER. Is this good? Or could "stuff" still have been mailed/arrived at court and just not posted...(thus far, they're pretty quick in posting "stuff")

    Confirmation is set for next week. I'm presuming unless we hear otherwise, one needs to go right? I'm going to ask paralegal/atty on Monday morning if I don't hear from atty/paralegal earlier.

    Second, claims - couple of creditors still didn't file claims - including stupid HOA (100% payback on that one) Sallie Mae, and a few others including GE Money for secured HVAC. Is this normal? WF filed literally w/in a week! Mort, cars, etc filed...or are they just waiting until the last second...(Aug)

    Ideas...please??????

    #2
    Creditors have around 120 days to file claims. Some file immediately, some wait till the last minute. Who knows the reasoning behind the difference....
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

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      #3
      Originally posted by frogger View Post
      Creditors have around 120 days to file claims. Some file immediately, some wait till the last minute. Who knows the reasoning behind the difference....
      Who knows indeed!!!!! (maybe they have to make an irreversible decision :-) As always many thanks frogger!!!

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        #4
        Debtors are not required to attend the confirmation hearing. You can go, but your presence will not affect the outcome one way or another.

        Objections are rare, but when they occur, there is usually a valid reason, or there is confusion over a procedural oversight. I imagine that debtors have more than a little suspicion about which creditor might file an objection, which means they are hoping that no one noticed a transaction that was a little "iffy" and makes a big deal out of it.
        Last edited by kornellred; 06-23-2011, 10:33 AM.

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          #5
          Originally posted by kornellred View Post
          Debtors are not required to attend the confirmation hearing. You can go, but your presence will not affect the outcome one way or another.
          THANKS!!! That's what atty said - atty said that IF we need to go, they'll let us know...but now plan on not having to go. Of course I plan on having to go :-)

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            #6
            Guys, I have one more question that I think I'm just not understanding...in our plan, IRS and secureds will get $x/month for 60 months.

            But, I think I read elsewhere here that the Trustee actually physically pays the atty first, then secureds, then IRS, then, all else. In other words, teh IRS may get $x/mo for 60 months, but they'll actually get the whole "check" until the payment times 60 is reached?

            Or am I totally off the wall?

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              #7
              Each district seems to set up how they pay differently. The order of payment though is always highest priority first, the unsecureds last. Some trustees pay in one lump check after accumulating a large amount of money in your plan, others pay monthly. Don't worry about how the trustee pays your creditors, only worry about your obligations during the plan.
              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.

              Comment


                #8
                Originally posted by newbie2 View Post
                Each district seems to set up how they pay differently. The order of payment though is always highest priority first, the unsecureds last. Some trustees pay in one lump check after accumulating a large amount of money in your plan, others pay monthly. Don't worry about how the trustee pays your creditors, only worry about your obligations during the plan.
                Understood and THANKS!!! Just on a personal level, I would really like if Trustee paid secureds FIRST so that way within about 5 months, my mort would be all caught up...

                Anyway, thank you!!!!!!

                Comment

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