Chapter 13 from the (nice) Creditor side

[tresa7272]

Is is ok for creditors to use this forum to pose questions on how best to file a claim form on a 13, etc??

I am looking for some assistance on the ins and outs of what to do and when.

I am not an advocate for anyone being forced into bankruptcy (my husband filed his own after a divorce from his 1st wife) and would like to see if I can get some help.

Thanks

[woeisme]

i don't think many of the people on this site have been on the creditor side of the fence, so I don't think anyone will mind you asking, I also don't know that you'll get any answers since it's not something that many of us have experience with. I think if you are a creditor you will get a notice from the CH 13 trustee once the BK is filed and it should have some instructions for how to file the claim, and I think that there is a 60-day time limit to file claims (government gets an extension to 90-days I think) so you will want to watch to make sure that the debtor has included you as a creditor and that you file your claim prior to the bar date. PACER is a government database you can search to see if your debtor has filed yet and even see their petition to know if you are listed as a creditor. You have to register for the site and they charge you per page you access (I think it might be a dime a page or something low like that) and if you rack up less than $10 of fees (100 pages accessed) per quarter, it's totally free. It's www.pacer.gov and I've looked up all kinds of things on my BK and never ran up enough charges for a fee yet. The searches are free, just the opening documents that cost per page, and again, that charge only applies if you access more than $10 worth of documents.

[HHM]

Yes, ask your question.

[tresa7272]

I do understand that I can file a proof of claim form on a Chapter 13 and that I have a deadline that I have to get it to the court by.

My question comes from receiving a Amendment to Schedule F where we were listed as creditors and I filed the proof of claim form. Unfortunately, the claim was set before the judge and we received a notice stating that it was to be stricken with no paid claims.

Though the case was originally filed in 2010, the amendment came to my office in February 2012. I am barred from just calling down to the trustee's office and saying "huh?!"

[LadyInTheRed]

It may help to answer your question if you give details on what notices you received when, when you filed your claim and what the basis was for striking your claim. Were you listed as a creditor on the first Schedule F?

[HHM]

Generally, when you submit a proof of claim, it must have supporting documentation.
Also, it must be timely filed.

Were any of those a problem?

[despritfreya]

My question comes from receiving a Amendment to Schedule F where we were listed as creditors and I filed the proof of claim form. Unfortunately, the claim was set before the judge and we received a notice stating that it was to be stricken with no paid claims. Though the case was originally filed in 2010, the amendment came to my office in February 2012.

Welcome to the Forum.

It sounds like the Trustee filed an objection to the allowance of your claim. The objection would have been based upon the fact that the claims bar date had long passed. Assuming this is what happened, you would have received a notice telling you that you had 21 days to respond to the objection. Your response would have been that the claim should be allowed as "late" due to the failure of the debtor to list you as a creditor until February, 2012. If you failed to respond the Court would have granted the Motion and thus your claim would have been disallowed.

Assuming the above is what happened, before jumping through hoops to get the Order set aside do the following:

1. Call the Trustee - ask what the percentage payback to unsecured creditors is estimated at. If it is a mere pittance, do nothing further as it is not worth the aggravation.

2. If the percentage payback is "substantial" ask the Trustee if he/she will stipulate to the allowance of the claim due to the reason why it was late. If so, his office may prepare the necessary documents to set aside the Order disallowing the claim.

If the above does not work, and you want your claim to be “allowed”, now you have to jump through hoops. Therefore, if the percentage payback is "substantial" and the Trustee is not willing to help in setting aside the Order, hire an attorney to prepare and file a Motion to Set Aside the Order. I recommend the attny route as doing the Motion, noticing it to all creditors, waiting the required time and then submitting an Order approving the motion (assuming no objections) can be a daunting task.

Hope this helps.

Des.