2nd on my foreclosed house filed a claim on my chp13 case, what the heck?

[chp13]

So I file chapter 13 about a year ago. I had been vigilantly checking the 13 data center website to make sure that the cc companies filed there claims within the time frame indicated in chapter 13. Then the other day I happen to look up my case and I found out that Citi bank filed a claim for a second on my foreclosed home of approx $58k. I lost the home, my primary residence, to foreclosure in '09. I never refinanced the house and my understanding it that in California this is a non recourse loan. How is it that Citibank is able to they able to file a claim? Should I contact my attorney? Can this effect my payment?

[despritfreya]

It simply does not matter UNLESS you are paying 100% of all allowed claims.

If the 2nd was a purchase money loan then, like my State, I believe your State's anti deficiency statute would apply. If so, the claim should not have been filed. If you are paying 100% then the claim should be objected to. If you are not paying 100%, running up legal fees over the issue makes little sense. If the claim was filed late your Trustee may object to it.

Des.

[chp13]

The only reason it matters to me is because what happens if I come up with the money to pay off my chapter 13 early and then I'd possibly have that extra $58k lingering around, which would more the double my debt. And we all know they'd try to collect.

My attorney said he doesnt have any record of it or court filing paperwork. Although it does show on the 13 Data center website.

[helpmeout]

The answer is not to pay it off early. Which you can only really do if you are paying 100%. In which case, I would discuss with your attorney about objecting to the late filing.

[sandra123]

The debt is unsecured and should be discharged at the end of the bankruptcy filing. Anyone can make a claim, but it doesn't mean they will get paid. The same goes with credit cards. Many people filing Chapter 13 bankruptcy end up paying a small percentage of the unsecured debt at the end of the chapter 13 plan. I would call my bankruptcy attorney and make sure that it won't affect you in the end. Good luck!