Question First timer and have no idea what the forms are that i recieved in the mail today

[adio21]

ok first my back story...
Filed Chapter 7 - 9/22/2010
341 meeting - 11/02/2010
Discharged - 01/13/2011
Filed Pro Se

One thing i dont understand is what a courtesy NEF is...It says it was added 10/01/2010and it is a lawyer.

The letter i got today is F 9013-3.1 Proof of service of document. At the top for some reason it says chapter 13 with my case number when i filed a chapter 7. It is from toyota. After looking on PACER it shows i have 1 claim from them. I have no idea what a claim is. Also attached is the Certificate of title for the car and what looks like a blank DMV form to properly release my liability. Do i fill this out and send it to the dmv? court or toyota? Has anyone ever seen this?

[free2breathe]

Just looking up the form, it looks like it has something to do with an AP. Do you have a PACER account where you can go look to see what documents have been filed in your case?

NEF= courtesty notice of electronic filing, by the way ;) That attorney is just asking for all notices regarding the bankruptcy to go to his address. Perhaps he/she represents Toyota?

[adio21]

Thanks for the reply yes i have been on pacers for like 2 hours racking up a large bill trying to understand everything. the only thing that was added was a claim on 1/18/2011 by toyota.

[dumpinmydebt]

It sounds like they added this claim after the discharge, and it so, they are too late. Plus, they totally messed up sending you a Chapter 13 form. lol

I have never seen the form you are talking about, so sorry I can't be much help there.

Were you a no asset case?

[LadyInTheRed]

I have never seen the form you are talking about?

Form 9013-3.1 is a local proof of service form http://www.cacb.uscourts.gov/cacb/CourtProcedures.nsf/New%20LBRs%20Forms/D867E86297572D3088257551005F3304/$FILE/F%209013-3.1.PROOF.SERVICE.pdf

Also attached is the Certificate of title for the car and what looks like a blank DMV form to properly release my liability. Do i fill this out and send it to the dmv? court or toyota? Has anyone ever seen this?

The blank form is the back side of the Certificate of Title for use when you transfer the vehicle. Is the title attached as evidence to a Proof of Claim? On the proof of service, what is the name of the document after "A true and correct copy of the foregoing document described as"? Did you give up your car in the BK? Perhaps this is a claim for the deficiency? That would make sense if your case is an asset case. A creditor has until 90 days after the 341 meeting to file a claim.

[adio21]

attached is a copy of the paper work i signed when i got the car like the sales reciept. it is a no assest case. and after "A true and correct copy of the foregoing document described" says proof of claim. The car has been turned over on the 15th 2 days after i was dismissed. I wonder why they have listed chapter 13 at the top? it was never changed to a different chapter and it say dismissed as a chapter7.

[LadyInTheRed]

I wouldn't worry about the mention of Chap 13. The creditor made an error. Maybe some data entry person made an error and they think it is a Chap 13.

What you received is a proof of claim. A creditor attaches proof of the debt to the proof of claim. There must have been a deficiency when they sold the car and they filed for the deficiency. Filing a proof of claim was a waste of their time since you are a no asset case. Even if you were an asset case, the filing wouldn't effect your discharge. If you somebody dies and leaves you an inheritance within 6 months after your filing date, you would have to report it to the court, your case would be declared an asset case and Toyota would get paid on their claim. But, the other unsecured creditors would be given notice that your case is an asset case and an opportunity to file claims so they can get paid too. As long as there is nothing in Pacer that you haven't mentioned, like a petition to revoke the discharge, I don't think you have anything to worry about.