I posted yesterday about being worried that our CH 7 no asset case had not been discharged yet. My lawyer's paralegal said not to worry because cases are discharging around 120 days since the court is backed up. He also told me that there are no flags on our case.
I was on Pacer again today & under the Claims link there was something listed!!! I decided to view the document, here is what it said:
Claim Filed 07/13/09
U.S. Bankruptcy Court District of KS - Proof of Claim
Name of Debtor: xxxx Case Number: xxxx
Name of Creditor: GMAC
Name & address where notices should be sent
Name & address where payment should be sent (if different)
1. Amount of Claim as of Date Case Filed: $xxxx **
**Claimant Reserves Right to Amend its Claim**
If all or part of your claim is secured, complete item 4 below; however, if all all or your claim is unsecured, do not complete item 4.
2. Basis for claim: Automobile Financing
3. Last four digits of any number which creditor identifies debtor: xxxx
4. Secured claim check the appropriate box if your claim is secured by a lien on property or right of setoff and provide the requested information.
Nature of property or right of setoff: box next to Motor Vehicle is checked.
Describe: 08 Hyundai Accent
Value of property: Unknown
Annual Interest Rate: 9.99%
Amount of arrearage and other charges as of time case filed included in secured claim, if any $0.00. Basis for perfection: Certificate of Title/Lien Notice
Amount of Secured Claim: $xxxx Amount Unsecured: Unknown
6. Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
7. Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements. They did attach the docs. that were signed at the dealer we bought car from.
Proof of Claim is signed. Also attaced was a Certificate of Service that basically says the proof of claim & all exhibits were served electronically to our attorney & also served electronically to the Trustee. We never received a copy of this & my attorney never mentioned this to us, not even yesterday when I called them to ask why the delay w/ discharge.
My DH & I did not reaffirm this vehicle. Reason is because this is really our son's car. DH signed docs. at dealer when it was purchased in 2008 & our son co-signed because he did not have any credit - I am not listed anywhere on any docs. nor am I listed on the title. Our lawyer was the one who advised us not to reaffirm since I am not listed anywhere on any docs. & also because we don't make the payments. Our lawyer also called GMAC at one point during our case & asked them if we could do a "ride through". GMAC said yes & so our son is still making the payments on this car while we are in BK - he has never once been late with a payment (even before the BK) & GMAC has cashed all of our sons checks.
Does anyone know what a proof of claim is?? Does that mean that GMAC is wanting the amount listed to be paid in a lump-sum?? If the amount listed in the claim is not paid in a lump-sum, does that mean that GMAC will repo the car??
Could this proof of claim be why our case has not been discharged yet??
Yet another reason to be worried...
Sorry for the long post - just needed to vent!!!
I was on Pacer again today & under the Claims link there was something listed!!! I decided to view the document, here is what it said:
Claim Filed 07/13/09
U.S. Bankruptcy Court District of KS - Proof of Claim
Name of Debtor: xxxx Case Number: xxxx
Name of Creditor: GMAC
Name & address where notices should be sent
Name & address where payment should be sent (if different)
1. Amount of Claim as of Date Case Filed: $xxxx **
**Claimant Reserves Right to Amend its Claim**
If all or part of your claim is secured, complete item 4 below; however, if all all or your claim is unsecured, do not complete item 4.
2. Basis for claim: Automobile Financing
3. Last four digits of any number which creditor identifies debtor: xxxx
4. Secured claim check the appropriate box if your claim is secured by a lien on property or right of setoff and provide the requested information.
Nature of property or right of setoff: box next to Motor Vehicle is checked.
Describe: 08 Hyundai Accent
Value of property: Unknown
Annual Interest Rate: 9.99%
Amount of arrearage and other charges as of time case filed included in secured claim, if any $0.00. Basis for perfection: Certificate of Title/Lien Notice
Amount of Secured Claim: $xxxx Amount Unsecured: Unknown
6. Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
7. Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements. They did attach the docs. that were signed at the dealer we bought car from.
Proof of Claim is signed. Also attaced was a Certificate of Service that basically says the proof of claim & all exhibits were served electronically to our attorney & also served electronically to the Trustee. We never received a copy of this & my attorney never mentioned this to us, not even yesterday when I called them to ask why the delay w/ discharge.
My DH & I did not reaffirm this vehicle. Reason is because this is really our son's car. DH signed docs. at dealer when it was purchased in 2008 & our son co-signed because he did not have any credit - I am not listed anywhere on any docs. nor am I listed on the title. Our lawyer was the one who advised us not to reaffirm since I am not listed anywhere on any docs. & also because we don't make the payments. Our lawyer also called GMAC at one point during our case & asked them if we could do a "ride through". GMAC said yes & so our son is still making the payments on this car while we are in BK - he has never once been late with a payment (even before the BK) & GMAC has cashed all of our sons checks.
Does anyone know what a proof of claim is?? Does that mean that GMAC is wanting the amount listed to be paid in a lump-sum?? If the amount listed in the claim is not paid in a lump-sum, does that mean that GMAC will repo the car??
Could this proof of claim be why our case has not been discharged yet??
Yet another reason to be worried...
Sorry for the long post - just needed to vent!!!
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