House in Foreclosure, Filed Chapter 13, had 341 Meeting, 90 day to file claim as past

[addisonsmom]

The house was in foreclosure prior to filing BK on 8/20/10. We had our 341 Meeting on 10/20/10, surrendering the house. The date to file claims was on 01/17/11. I received statement from my Trustee stating that the only claim that has been filed is from a deficiency balance from our SUV (surrendered as well). PHH Mortgage (1st), and C-Plant Federal Credit Union (HELOC) have neither filed a claim. Also, we live in KY.

HERE IS MY QUESTION:

Can they file a claim now that the 90 days have passed?

They have yet to sell the house and don't appear to be trying yet. We have our payments set up right now on a weekly basis out of my husbands check at 100%. We are trying to plan in our budget for different things. I just don't want to be caught off guard if that payment must got up. I hope to get some answers. I am just confused. I just feel it is too good to be true that our of 10 different creditors, only one has filed a claim. Discover Card didn't even file a claim on a $6900 balance.

Thanks!

[puggymoo]

I am looking for the same answer w/out any luck. We surrendered ours at 341 meeting and was confirmed in january. They postponed the auction until next week and said they would again for another month. Our mortgage company only filed a secured claim. The bar date is up in 2 weeks. Please let me know if you hear of anything and I will do the same. Our paralegal said they can't.

[keepswimming]

I am confused about this too. Our short sale fell through...supposedly because we filed bk while waiting for bank to approve our buyers offer. Whatever! It was bank's delaying period that caused buyer to back out. Anyway, we filed 60 days ago. Surrendered house. Afterwards, paid for a court thing asking for trustee to not go after any part of equity, which there is none, obviously....short sale. duh. My question is: At what point can we stop paying for utilities, etc on that house we no longer live in and is still for sale. Who knows what the status is on the foreclosure/short sale/ since BofA will not return any calls or emails.