Missed a Creditor

[DesdemonaB]

I think I have a problem, on July 22, 2010 I was involved in a car accident, I was at fault and ticketed. This period of time was the start of the spiral of my debt that ended in BK, I had had stopped paying cc, was being sued and I let my insurance lapse. I filed November 12, 2010 and forgot about including anything regarding the accident; I paid my $110 ticket and got the two points deferred that is really all I was thinking about.

I was discharged March 9, 2011, I am an asset case due to my income tax refund, last day to file a claim is June 28, 2011, this afternoon a person claiming to be a lawyer for the other vehicle’s insurance company asking to speak to regarding the accident.

Now I am freaking out, and can’t think straight right now; do I (I filed pro se) send them a copy of the discharge and the here is the form to file a claim since there is still 19 days to that deadline? Or am I responsible for any debt because I forgot to include them?

FYI I was contacted by the driver’s agent late July and early August they called a couple times (and I know it was wrong) but I just ignored the call. But I haven’t heard anything since this afternoon, almost 11 months after the accident.

Any guidance would be helpful before I call him back.

[despritfreya]

Calm down. You are still ok. Take the following steps

1. Draft and file an Amendment to Schedule F listing the claimant from the accident. The amount is "unknown". There is a $26 fee for this.

2. Add the claimant to the Master Mailing List. If you do not know the claimant's address, (if you have a copy of the police report it should be on it) put his name "in care of" the attorney at the attorney's address. If you have the claimant's address list it AND list the attorney.

3. Mail a copy of the filed Amendment along with the Notice of Bk Filing that was originally sent out, (has your 341 date on it), the Notice of Last Date to File Claims, your Discharge AND a Proof of Claim form to both the claimant and the attorney. (If you can e mail or fax it do that as well since the time to file a claim is fast running out.) For mailing purposes I recommend sending one set of copies regular mail and one set Certified Mail, "Return Receipt Requested".

4. Wait until June 29th. Check the claims register to see if a claim was filed. If no claim was filed YOU file a claim on the claimant’s behalf. This will protect you from any allegation that the debt was not discharged. Please note that you cannot file a claim on behalf of any creditor until the claims bar date passes and you MUST file the claim within 30 days after the claims bar date.

If you had insurance cooperate with the claimant and his attorney as the claimant is entitled to go after the insurance carrier as well as file a claim in the bk.

Des.

[DesdemonaB]

Thanks Des

Two quick questions:
1. Back on 12.27.2010 I had to amend schedules B&C per the UST and at that time I found the correct address of some creditor that I just listed the name and amounts so I wanted to update the matrix. The clerk stated that because the correction was after the first scheduled 341 I would have to file a certificate of service for the corrected creditors. Do you think I will have to do that again? I just want to have all the correct paperwork filled out so all I have to do is run in to the clerk's office and get my stamp and get everything in the mail tomorrow.

2. At this moment all I have is the guy's name and the name of the insurance company, do I list the driver of the other vehicle or the insurance company as the claimant or both? I am leaning to both as we are a non-fault with a mini-tort law and I would hate for the driver try to sue me under the mini-tort clause.

[despritfreya]

1. The clerk stated that because the correction was after the first scheduled 341 I would have to file a certificate of service for the corrected creditors. Do you think I will have to do that again?

If this was the procedure you followed then, do it now. Even if it is not needed, more is better than less.

2. At this moment all I have is the guy's name and the name of the insurance company, do I list the driver of the other vehicle or the insurance company as the claimant or both? I am leaning to both as we are a non-fault with a mini-tort law and I would hate for the driver try to sue me under the mini-tort clause.

You notify anyone and everyone that could possibly have a claim. Anyone involved in the accident, all known attorneys and all known insurance compaines. Again, overkill is better than underkill. You send copies of all documents (stated in 1st post) to everyone and list everyone on the Certificate of Service. Dig for addresses. Again, the police report should have the addresses for the individuals invovled in the accident.

This is a lot of work and running around. But better to do this now than to regret not doing it later.

Des.

[AngelinaCatHub]

Off record: Very interesting post. I have learned. VERY good response from Des. He be good. Also good question on retort, so I will be watching.

Thanks for Des a bunch as he selflessly, aid all of us in stuff we don't know but are now learning. 'Hub

[DesdemonaB]

Thanks so very much Des

I would have missed so much if it wasn't for you. A big <3 to you.

I have a couple things to do in the AM - seems I filed (and sealed w/ tape in a box I labeled my formal life) the ticket and insurance company information, hopefully it has all the information I need.

I had no clue you can file a claim on behalf of a claimant - I might have to come back to you on that one. But that's later, I need to get step one done get everything filed, step two get it to the lawyer either via snail mail or fax.

Once again - thank you I would have been up all night Googling.

[DesdemonaB]

I just wanted to say thanks to Des again.

I got everything filed this afternoon, the amendment to schedule F, added 3 creditors to the mailing matrix the insurance company itself the driver and it turns out the insurance was under either her father or mother (first name was Chris could have gone either way). Had to do a certificate of service (form was not online had to do it at the clerks office) and I faxed two copies of all the paper work to the insurance company one to the claims manager and one to the lawyer. I CMRR copies to the insurance company and both the driver and her parent. I didn't get much work done today, but I am no longer stressed.

That was a hard lesson to learn and expensive - 26.00 for the amendment, 13.00 for the police report (thank god I did or I would have missed the parent), 19.00 for CMRR, 1.00 parking and about 1/4 tank of gas. 60.00+ and 1/2 day's work I hoped it works

[despritfreya]

I hoped it works

It will.

Des.

[DesdemonaB]

It will.

Des.

Hey Des

So my creditor claim deadline was today, as of 10:20 EST this lawyer did NOT file a claim, should I? If I choose not to file on their behalf, can they come after me?

THANK YOU for all your help so far, I just need to get pass this last hump.

[despritfreya]

So my creditor claim deadline was today, as of 10:20 EST this lawyer did NOT file a claim, should I? If I choose not to file on their behalf, can they come after me?

If you are worried, I go back to my earlier comment:

Wait until June 29th. Check the claims register to see if a claim was filed. If no claim was filed YOU file a claim on the claimant’s behalf. This will protect you from any allegation that the debt was not discharged. Please note that you cannot file a claim on behalf of any creditor until the claims bar date passes and you MUST file the claim within 30 days after the claims bar date.

The only problem I see is the amount of the claim since you probably do not know what the injured party is asking for. I do not know what to tell you as it relates to this issue. Maybe you can list the amount as "unknown" but I am not sure. I do know that whatever amount you list you should make a notation that it is "disputed, contingent and unliquidated". Send a copy of the claim to the claimant and his/her attorney. This will give them the opportunity to amend it, if they so choose. (There is a possibility that the Trustee will object to the claim since, if the amount is not fixed, it will be difficult for him/her to pay anything on it - but such is not your issue.)

Des.