Creditor didn't file claim

[nsupanda]

Rest assured that I'm assured

[WillBucko]

Panda,
I've re-read your original post, but didn't see whether you said you had listed this creditor when you put together your BK papers. I'm assuming you did, since you obviously knew to look for the creditor. These bankruptcies are always full of surprises: good, bad, and just plain "huh?" Good luck to you.

[nsupanda]

Oh yeah, I listed everything, including things I didn't even know about. Apparently I joined a CD/music club back in the 2001 and I never paid for a CD they "apparently" sent me. It's been on my credit report and I never knew it. They claimed for the $25 I owed them... haha

[forgotten]

Just wanted to add that BOA failed to file a $38k claim in my case. They did however file a $5k claim on a seperate account. Kind of funny.

[NewChanges4]

I'm glad this was asked so recently. My claims bar date is today. So far, out of the $38k that I included, only $27k has been submitted as claims. I will verify on Pacer tomorrow to check for any last minute claims. It's not a "huge" amount, but if that can knock a little over a year off this payback, it would make me so happy. I hope I understand that correctly. If the creditor doesn't file a claim, they are SOL, correct? They get nothing? If noteworthy, I'm at 100% payback over 60 months.

[lrprn]

If the creditor doesn't file a claim, they are SOL, correct? They get nothing?

This is correct. If the creditor does not file a claim by the deadline, they get nothing. As long as you complete your plan successfully and are discharged, whatever you owed to creditors who did not file a claim plus whatever is left of the original debt for each of those non-secured creditors who did file claims is wiped out.

If noteworthy, I'm at 100% payback over 60 months.

Your plan being set at 100% payback is noteworthy because that means every creditor that does not file a claim does lessen the time you will have to make payments.

[JohnB321]

We had a few not file and that moved us from a 70% to a 100% plan. Will be paying off next month (a couple of months early...56-57 payments instead of 60) but still paranoid that the audit will say they missed a claim. Really looking forward to getting $1100 back every month...

[NewChanges4]

This is correct. If the creditor does not file a claim by the deadline, they get nothing. As long as you complete your plan successfully and are discharged, whatever you owed to creditors who did not file a claim plus whatever is left of the original debt for each of those non-secured creditors who did file claims is wiped out.

Your plan being set at 100% payback is noteworthy because that means every creditor that does not file a claim does lessen the time you will have to make payments.

lrprn -Thank you so much! So far everything is going well and we have adjusted, surprisingly. I feel a bit more relief knowing this.

[kornellred]

Upon successful completion of a Chapter 13 plan, all dischargeable debt that was listed by the debtor in the bk petition will be discharged, regardless of whether or not a listed creditor filed a claim. Furthermore, the debtor's plan payment will not change (unless it is scheduled to change) if a creditor manages to slip in a late claim. The trustee would simply lower the amounts going to each creditor, and each would get less.

[nsupanda]

Ok guys, new situation: I received a notice in the mail yesterday that says my confirmation notice could not be mailed to Bank of America because the United States Postal Service has determined that their addresses in the case mailing list are undeliverable. "Please be advised that dischargeability of a debt may be affected if a creditor fails to receive certain notices."

Has anyone else run into this? What I take from this letter, if I can't find a good address for Bank of America, then I'll end up owing them after my discharge. Why is this not Bank of America's problem since they haven't updated their forwarding address with USPS?

[puggymoo]

Hi nsupanda, We filed chapter 13 in Nov.2011 100% payback on all unsecured claims and trustee/lawyer fees for 67k. Our bar date ended in April and only 3800 in claims were filed(lawyer was 1750) and our big claims didn't file. We were discharged on June 21rst because all claims that filed were paid. Best of luck on getting done early.

[nsupanda]

I can only hope!!! :-)

[IamOld]

Hi nsupanda, We filed chapter 13 in Nov.2011 100% payback on all unsecured claims and trustee/lawyer fees for 67k. Our bar date ended in April and only 3800 in claims were filed(lawyer was 1750) and our big claims didn't file. We were discharged on June 21rst because all claims that filed were paid. Best of luck on getting done early.

puggymoo - that is unreal and awsome!!!!

[frogger]

Ok guys, new situation: I received a notice in the mail yesterday that says my confirmation notice could not be mailed to Bank of America because the United States Postal Service has determined that their addresses in the case mailing list are undeliverable. "Please be advised that dischargeability of a debt may be affected if a creditor fails to receive certain notices."

Rest assured that BOA are getting electronic notices from https://bnc.uscourts.gov/

[kakdbass]

The paralegal that worked on our case knew BofA's address by heart. lol Go figure!