Proof of Claim??

[utohlar]

Filed for chapter 7 in August in Oregon. Have had report of no distrubtion after the 341 from the Trustee in October. Last day for objections was Dec 7.

I did not reaffirm my truck with Aly because my lawyer said he would not sign it since we were 750 a month negative. We have never been late on the payment since we have had it. We only have 18 months left.

Looking on Pacer tonight, On Dec. 7 Aly files a proof of claim on the truck. I looked and didnt/couldnt find an answer to what this means. Any words of wisdom on this?

[mommi2many]

Have you talked to your attorney about this. Maybe he/she can call Ally for you. I filed pro se and talked to Ally about my car and they would like me to sign the reaffirmation, but for now are willing to let me do a retain and pay. Although, I was told today that they can't guarantee it won't be repo'd in the future, but for now they don't repo if you are current. I have decided to take a chance because I have 4 more years to pay and don't want to get on the line, but with only 18 months left , that may be worth fighting for. Also, there are others here who are doing a retain and pay successfully. Please keep us updated and good luck.

[despritfreya]

The lender did something it did not need to do. It probably means nothing. Someone in the bk dept must have filed the claim in the course of his/her normal routine.

Des.

[tcreegan]

Hi utohlar,

I'm with des, w/ a report of no distribution there is no need to file a claim. If they were coming after the vehicle, they would have filed a motion for relief from the stay.

Haven't heard of any horror stories w/ Ally ...seems like they are OK with just staying current, hope that is your case!

Tom in Colo