How to deal with "Notice Only" Claimants?

[tarjurs]

Hello! Sorry if this is a little long. I filed Chapter 13 bankruptcy in Texas in May 2007 and am only a few payments away from completion! I’m trying to prepare so I can clear up any remaining debts that were not part of my bankruptcy ASAP.

I’m looking at the annual Trustee’s Report of Receipts and Disbursements that I received in April 2011, which lists all claims. After the claimant name, there is a “class” column, which typically says “Unsecured,” followed by a claim amount, principal paid, etc.

But I noticed that some claimants’ class is “Notice Only.” These show no claim amount. The Student Assistance Foundation is one of these – says $0, since it’s not part of the bankruptcy, though I know I owe them $40k. Unfortunately, I don’t know what the others are. Some are familiar, but most are random names I’ve never heard of (probably some debt buyers/collectors).

My fear is that these people are going to come after me in the future and demand money, when I’m not even sure what most of them are. Does anyone know what “Notice Only” means, or how I should go about being sure what all of my post-bankruptcy debts are? Right now, all I know of are my mortgage and the student loan. But seems I have more. Should I just call some of these random claimants?

Thanks!

[catleg]

Notice only is usually targeted at collection agencies, or law firms representing creditor plaintiffs who have lawsuits started against you when you filed.
Your BK discharge should be effective against any and all unsecured creditors at the time of your filing.
That's the whole point of the process, to give you a fresh start.
For an unsecured claim to survive your BK there would have to be extensive legal documentation, you would be aware of it already no doubt.

[missfontella]

I'm not sure about the notice only category but Student Assistance Foundation sounds like student loans. Student loans are not dischargable in bankruptcy. If you have student loans, you will owe still those after your bankruptcy is finished.

[catleg]

Yes missfontella is right, just meant you are protected against stuff like credit cards resurfacing regardless of how many times they are resold.
You can always be sued at any time for anything, but you have a solid defense in your bankruptcy papers.

[tarjurs]

I know that Student Assistance is student loans, which I must pay post-discharge... my point is that I don't know what the other "notice only" claimants are, and I want to know if I will have to pay *those* post-discharge as well. I want to figure out which of them are old lawsuits that are no longer relevant, vs. which ones will still be relevant.

[ValleYum]

They are filing for "notice only" so they get copies of all the paperwork filed in your case. The biggest reason they do this, is to make sure that if for some reason you do not receive a discharge - they are made aware of it and can resume their bloodsucking.

I understand from reading that creditors and CAs are big on asking for "notice only" in a Chapter 13 since many people who file them do not complete them. I am sure some original creditor sold your debt to one of these bankruptcy portfolio groups and they in turn filed for notice only. Finish your Chapter 13 and you shouldn't ever hear from them again (or owe them 1 red cent) with the exception of those who filed for "notice only" with whom you have non-dischargeable debts.

A Mr. Singh from GEMoneyBank filed for "notice only" on us 30 days after our 341. The only notices he received were our vehicle reaffirmation and discharge.

Your attorney should be able to confirm this for you - asking your legal counsel is always a good idea and is usually reassuring. Good luck!

[tarjurs]

Thanks so much for the clarifications. We are so close to being finished that it isn't worth it to get a new one, but my attorney's been horrible the past year -- hence me looking for advice here too! Do you think I should call any of those Notice Only claimants, or just wait until I'm discharged and watch my mail closely, get a credit report, etc. to be sure I'm in the clear (aside from student loans, of course)?

[LadyInTheRed]

Theres is no reason to call these "claimants". As Catleg said "For an unsecured claim to survive your BK there would have to be extensive legal documentation, you would be aware of it already no doubt. " If any of these creditor's come after you later, send them a copy of your discharge order and tell them they are in violation of the court's permanent injunction against collection of the debt.

The only person you should call is your attorney. Tell him/her that you are close to the end of your Chap 13 and ask if you can stop paying after the payment you make on _____ date. Also, ask if there is anything that needs to be filed with the court to make sure your case is discharged and closed. Did you do your post-filing class?