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Sorry - one more claims question..re. claims bar date for unsecured creditors

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    Sorry - one more claims question..re. claims bar date for unsecured creditors

    Good evening and Happy Thanksgiving eve.

    Today was the claims bar date for the unsecured creditors for my chapter 13 bankruptcy. There was one claim filed today which means everyone has filed except one creditor (a large amount too). Every claim seems to have been filed in pacer in real time....the date it shows as the date filed is the date it has shown up on Pacer.There has never been a time delay from when it's filed and when it shows up.

    I'm wondering how long after the claims bar date should I actually receive some sort of notification (or will I) of who has filed. Needless to say i' m a little nervous/excited -- the claim not filed was by Chase (credit card) and is just over $20,000. There has been no disputes or notification of any type from them. This has been a very smooth, no problem filing. I am in a 100% payback plan.

    Thanks for any info you can provide and I wish everyone a very Happy Thanksgiving.
    Filed Chapter 13 - 07/20/12
    Discharged 8/2/16

    #2
    You won't receive any notification of who has filed and who hasn't.

    Not to ruin your holiday, but if a deadline falls on a Federal holiday (e.g. thanksgiving), the deadline falls to the next business day.

    Comment


      #3
      What I do not understand, sophieanne, is how you figure you ought to be concerned about the rote procedures involved in the Chapter 13 process with respect to claims. All of the debt you listed will be discharged regardless of whether creditors submit claims or not. It is the creditor's loss if they do not, but no gain on the debtor's part.

      Comment


        #4
        The only way to check on claims is through PACER. Some creditor may even try to slip in a "late" claim. You need to police your claims and your attorney will help you where there is a legitimate discrepancy. Since you are in a 100% plan, this makes policing very important. Make sure the correct creditor is claiming the correct amount. Object to any claims that appear to be wrong or from a "creditor" that you do not know.

        The supermajority of creditors file their claims through the "claims only" portion of CM/ECF. CM/ECF is the Court's docketing system (case management/electronic case file) system and is the system which PACER is a part of. This is why most claims are seen instantaneously upon submission. This does not mean that a particular (smaller) creditor didn't send anything in on paper, but it's highly unlikely.

        So, for the rest of the week, just relax. Then, after your festivities are done, you may want to go through the claims and validate the amounts and creditors. If Chase does file late, then your attorney would just object to the claim on the basis that it was filed late.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by HHM View Post
          You won't receive any notification of who has filed and who hasn't.

          Not to ruin your holiday, but if a deadline falls on a Federal holiday (e.g. thanksgiving), the deadline falls to the next business day.
          Hi..the deadline was the 21st, not today...so I know he deadline passed.

          Thanks for writing and I hope you're having a good day!
          Filed Chapter 13 - 07/20/12
          Discharged 8/2/16

          Comment


            #6
            Originally posted by kornellred View Post
            What I do not understand, sophieanne, is how you figure you ought to be concerned about the rote procedures involved in the Chapter 13 process with respect to claims. All of the debt you listed will be discharged regardless of whether creditors submit claims or not. It is the creditor's loss if they do not, but no gain on the debtor's part.
            Hi kornelred,

            Thank you for responding. The only reason i'm concerned is that I'm in a 100% plan...any claim not filed results in a reduction of the total amount that I pay. With this claim not being filed (unless I'm wrong) my debt will be paid off now in 4 years, not 5.
            I hope you're having a good thanksgiving!
            Filed Chapter 13 - 07/20/12
            Discharged 8/2/16

            Comment


              #7
              Thanks Justbroke (again

              The only place I do check for my claims is on Pacer, so as of yesterday everyone had filed except Chase. (acutally i verified everyting this morning)
              And I agree with you, now is the time to enjoy the holiday. I now I will be policing my case...i think my lawyer doesn't want contact again unless I have money to offer ..i know that sounds bad..but that's the impression i was given.

              Have a great Thanksgiving!!!
              Last edited by sophieanne; 11-22-2012, 10:45 AM. Reason: typo
              Filed Chapter 13 - 07/20/12
              Discharged 8/2/16

              Comment

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