Waiting for discharge and got this??

[sampsta]

So we were done with out 60 payments at the end of March..contacted our attorneys in april, we did the final class as required to get the final ball rolling. We got a letter in the mail on friday from the Attys office for a motion to add Chase bank as a creditor, and giving them till july to file any objection to a discharge.

I have contacted the attys office to get clarification but the weird thing was Chase bank was already on my Claim matrix according to NDC.org...what does this mean for my case and really my discharge....?

anyone have thoughts or comments?

[justbroke]

If they are in your claim matrix, then Chase had actual notice of the bankruptcy. However, they may not have been on your schedules. In a Chapter 13, a creditor must be scheduled in order to be discharged. It reads as if your attorney is just making sure everything is correct.

[sampsta]

Thanks for replying...just one more question what does that mean then they have till July to file an objection? So it sounds like they were just missed and are being given a chance to reply... On my claim matrix they have on there claim ammount $0.00....so are they in essense getting another chance to get some $$ out of me or is it just a clerical error our attorneys are clearing up?

If they are in your claim matrix, then Chase had actual notice of the bankruptcy. However, they may not have been on your schedules. In a Chapter 13, a creditor must be scheduled in order to be discharged. It reads as if your attorney is just making sure everything is correct.

[justbroke]

All creditors must have the opportunity to object to your discharge. (Objection is typically just that specific debt and for some very specific reason.) Objections to discharge are extremely rare in Chapter 13s unless there is actual fraud. This is not a chance to get $$ out of you. It is only about procedure.

Again, your attorney is making sure that Chase is appropriately handled and is discharged without question. They are afforded every opportunity any other creditor has had, which includes the opportunity to object to your discharge. This means that your discharge would not happen until July... after that Order allowing the amendment is signed.

[sampsta]

ok got it... in summary they were missed on a piece of the paperwork process...they have been added and given an opportunity to respond which in all likelyhood they wont protest...just our attorneys crossing the T's and dotting the i's....

thanks again

[justbroke]

Exactly.

[dmc-2008]

Exactly.

Hi, I have a question: what if they do respond?
Chase is the only bank that still sends me a statement every.single.month! I sure hope they do t think I will make a payment!!! It freaks me out a little!

[justbroke]

As your attorney mentioned, the likelihood of them filing a complaint to have their specific debt deemed "non-dischargeable" is very low. Unless you're going to tell me that this is some $10,000 credit card that you ran up 3 months before filing without making a single payment? Dischargeability complaints in Chapter 13s are much more rare than in Chapter 7s and even in Chapter 7s, they are rare.

[dmc-2008]

Hi there, my balance is a heloc, a 3rd that is supposed to be strippied. I don't know why they keep sending me the bill! I hope they don't stay any funny business's at the end, It was around 8k

[justbroke]

A stripped HELOC? Maybe they were never informed of the bankruptcy. They could complain that they were never able to receive any distribution under your plan (as an unsecured creditor). If they were stripped, then they would certainly have known about the case since they would have been notified of the lien strip motion.

You'll just need to wait and see what they do.

[LadyInTheRed]

dmc-2008, check to make sure the lender got notice of your lien strip petition. If not, that should be addressed now, not at the end of your plan.