Secured creditor for car note failed to file a proof of claim after 90 days

[whitner]

Got a letter from the trustee this month Nov that no distribution of funds will be allowed on car note in chapter 13 plan., A motion to allow late filed claim has to be done. Plan was confirmed in july 2013 and funds was distributed the last 6 months. . Will the car not be paid off in the plan if creditor don't file a claim? They are listed by attorney and was shown being paid on 13 data center. Not sure what happens now, 90 days have past since 341 meeting?? Any thoughts?

[LadyInTheRed]

I have heard that sometimes a debtor will file a claim for a secured creditor who fails to file one. Call your attorney to find out what needs to be done.

[AngelinaCat]

Whitner, why did you post in this forum?

This one is for newbies who have signed up and cannot post on the regular boards. You have already posted on the Chapter 13 board, so you should not have a problem posting. If you do please say so, so that the Admin can take care of the problem.

Neither LadyInTheRed nor I can move this to a more appropriate spot.

[LadyInTheRed]

Didn't notice where this was posted. Thanks for catching it, AC.

[AngelinaCat]

Thanks HRx for moving this from 'Inactive Users' to this Board.

I needed to say this so that other posters/viewers would not be confused...

Thanks again!

[justbroke]

Got a letter from the trustee this month Nov that no distribution of funds will be allowed on car note in chapter 13 plan., A motion to allow late filed claim has to be done. Plan was confirmed in july 2013 and funds was distributed the last 6 months. . Will the car not be paid off in the plan if creditor don't file a claim? They are listed by attorney and was shown being paid on 13 data center. Not sure what happens now, 90 days have past since 341 meeting?? Any thoughts?

I filed a claim for a secured creditor in my Chapter 13. However, I did this prior to the expiration of the claims bar date. You would need to file a Motion to allow the late filed claim. You would need to provide for any arrears as well. It may be better to keep it in plan, but you and your attorney would need to figure out the best course of action. You could even pay outside the Trustee (paying direct). I do not know which is best for you.