Claims Bar Date

[greenthinker]

Hi All,

We had our 341 meeting on Aug. 24th and the claims bar date is currently Nov. 22nd. We're in a 100% plan, so we don't want to see our unsecured creditors get more time than that to file claims. Under what circumstances does the claims bar date get moved out?

The main reason that comes to mind would be if not all creditors were included in the plan or notified of the bk. We were careful to identify each and every creditor when we put together our plan with our attorney, but some of our medical bills changed hands between then and when we finally filed our petition. I'm concerned that the bar date could be moved out another 90 days over some small bill because the current creditor did not receive notification of the bk.

Any thoughts or related experience to share? Thanks!

[justbroke]

It can't be moved unless for cause. Also realize, that they can file after the claims bar date and that you -- or your attorney -- need to police the claims and make sure that anything filed after the date is objected to!

It's difficult in a Chapter 13 to have the claims bar date moved. The creditor would need to prove that they didn't know and would need to seek permission to file a late claim. They are usually denied.

[greenthinker]

Thanks, justbroke. Makes sense. I'm assuming that if a creditor is listed on 13datacenter, then that indicates that the creditor has been notified of the bk. Is that correct?

[IamOld]

Justbroke - so the court clerk wouldn't automatically reject a claim arriving way after the claims bar date??

[frogger]

Thanks, justbroke. Makes sense. I'm assuming that if a creditor is listed on 13datacenter, then that indicates that the creditor has been notified of the bk. Is that correct?

Get on Pacer and look at the mailing matrix.

[frogger]

Justbroke - so the court clerk wouldn't automatically reject a claim arriving way after the claims bar date??

No. Late claims do get in sometimes.

[IamOld]

No. Late claims do get in sometimes.

THANK YOU!!!!!!!! So I need to be pretty vigilant on that...claims bar date for non gov't for spouse's 13 was over on AUG 15th...!

The clerk assigned to the case...she seems to be pretty vigilant, in that she questioned/is questioning a claim submitted by one of MY more...shall we say creative debt collectors that tried to submit a claim for spouse's 13 when the card in question was in my name only (not community prop state)....

(Is it 5 o'clock yet :-)

[frogger]

(Is it 5 o'clock yet :-)

It's 5 o'clock somewhere!

[justbroke]

Justbroke - so the court clerk wouldn't automatically reject a claim arriving way after the claims bar date??

As my green friend posted, absolutely not! And, sometimes, as posted, the Trustee will pay the late claims. You need to police them. You need to pounce and file an objection to claim if they are filed late. That simple!

[IamOld]

As my green friend posted, absolutely not! And, sometimes, as posted, the Trustee will pay the late claims. You need to police them. You need to pounce and file an objection to claim if they are filed late. That simple!

THanks justbroke!!!

You know it's absolutely amazing...a claims bar date - which by law means no more claims can be considered is moot unless the debtor - who must follow the law to the tee - objects to a late claim...amazing...but not surprising that the system is build for the economic overlords.

If I sound cynical - I am; if I sound bitter in general...sadly I VERY much am. But (and this is to frogger) at least it's after 5pm.