Chase didn't file on $40,000???

Checked the 13 Data Network and Chase did not file on our $40,000 debt to them. Could it really be? The deadline was Christmas so.... Anyone else not have Chase file?

Checked the 13 Data Network and Chase did not file on our $40,000 debt to them. Could it really be? The deadline was Christmas so.... Anyone else not have Chase file?

Not Chase but I owed 33k to Citi and they filed no opposition. 'Hub

OMG I'm so surprised. They sure hounded me when I missed a payment. Hopefully we'll have no objection here either.

Sorry, but what does this all mean? Most of my debt is unsecured CC, so I'm trying to see how this would potentially impact my situation....

What effect does this have on your ch13? Does your disposable income payment simply get carved up amongst the creditors who did "file a claim"?

the 13 datacenter takes 1-2 weeks to update sometimes. Its possible that they filed a claim and that the website hasn't been updated.

Sorry, but what does this all mean? Most of my debt is unsecured CC, so I'm trying to see how this would potentially impact my situation....

What effect does this have on your ch13? Does your disposable income payment simply get carved up amongst the creditors who did "file a claim"?

If a creditor fails to file a claim, there are 2 things that can happen

1. Nothing...if you are in less than a 100% payment plan, it simply means the creditors that did file a claim get a larger slice of pie
2. If you are in a 100% plan to start with, and a creditor fails to file a claim, then your plan length ends up being shorter.

The one thing that DOES NOT happen is a reduction in your monthly payment to the trustee :)

HHM has summarized this well.

I want to add a question though. Are you saying that the creditor never filed a claim, or that the creditor never filed an objection to confirmation?

I have about $60K of debt in which the creditors never filed a claim. They are now past both the claims bar date and my confirmation (confirmed plan)!

I can't wait to use the word res judicata on them, if they dare file. :)

But what happens if none of your unsecureds file a claim and you are in a less than 100%payback? Does the plan base just get divided among them whether they filed a claim or not?

But what happens if none of your unsecureds file a claim and you are in a less than 100%payback? Does the plan base just get divided among them whether they filed a claim or not?It works exactly as HHM has written.

Your plan payment amount would stay the same (because by operation of the BK code, you must contribute your projected disposable income to the Plan).

If no one files a claim, then you wouldn't have to pay any unsecured creditors.

There's some interesting case law also on whether the "applicable commitment period" applies when you are paying the unsecured creditors nothing. :)

If you are so lucky that not one unsecured creditor files, then you'd have no payment outside the priority and secured creditors (IRS, home, auto, etc).

The creditor (Chase) never filed an objection or claim and they are past the claims bar date. I see the previous post however that the 13 Network is late in posting items, so it could be they have filed. It won't affect us either way though, the other creditors will just get more money. It still amazes me though.

Realizing that every case is different, how often do unsecured CC's fail to submit a claim? Are there certain ones (ie chase, citi, boa) that because of their size, # of bk's they are involved in, etc, that don't submit a claim more often than others?

Realizing that every case is different, how often do unsecured CC's fail to submit a claim? Are there certain ones (ie chase, citi, boa) that because of their size, # of bk's they are involved in, etc, that don't submit a claim more often than others?If I am an example... I have had 25% of my creditors not file. Strangely, though, some of them are actually big ticket ($10K credit line) cards. Strange indeed.

Only Chase filed directly. Bank of America and others sold the debt and the debt buyer filed. Many of those debt buyers had lousy documentation. I objected to 50% of my claims and sustained on 90% of those objections. :)

It's rare that NO creditor would file a claim in a chap 13, but as Justbroke points out, probably about half the time, about 1/4 of creditors may not file a claim.

It's rare that NO creditor would file a claim in a chap 13, but as Justbroke points out, probably about half the time, about 1/4 of creditors may not file a claim.


Makes sense - but what happens to the /creditors/debts who did not file a claim? Are the debts discharged?

Yep, those debts are fully discharged. (assuming they are dischargeable debts in the first place)

The creditor (Chase) never filed an objection or claim and they are past the claims bar date. I see the previous post however that the 13 Network is late in posting items, so it could be they have filed. It won't affect us either way though, the other creditors will just get more money. It still amazes me though.

It's the holidays and vacations - give it several days to see if anything posts.

I have non exempt assest worth about 38K so the attn told me I would have to payback 38K. So what happens if only 30K creditors file then will I only payback the 30K or will I still payback 38K and the trustee keeps the difference.

My last question was probably stupid. The more I think about it I'm sure as soon as the creditors find out that this is an asset case they would all file as quickly as possible so they can get a piece of the pie.

I have non exempt assest worth about 38K so the attn told me I would have to payback 38K. So what happens if only 30K creditors file then will I only payback the 30K or will I still payback 38K and the trustee keeps the difference.You would payback 100%. So, if only 30K file, then you pay 100% of $30K, only you'll do it faster. :)

Your question is not stupid. It shows that you are really thinking this through! Let's just hope they don't all file.

Some of the creditors are stupid and slow. I called one (several months ago) to tell them I filed and asked when they were going to file a claim. They said that they were 3 months behind opening the mail. :) They never filed. Too bad for them.

we also owe Citi and they have our truck title and they didnt file either. What happens to our truck title? Can we get that back or do we have to wait till discharge?

we also owe Citi and they have our truck title and they didnt file either. What happens to our truck title? Can we get that back or do we have to wait till discharge?

When it comes to secured debt, you get the title back when you pay off the note.

In these times, think of it this way. As far as I know, there is no automatic electronic form that flows through from your filing matrix to the creditor/CA to the outbox called "file a claim." Somewhere along the line, a "real" person probably has to note the filing and physically track, document, and record any claim. Given these lean times, I would believe that the big financial CC institutions do not have enough staff to keep up with the defaulted debt information/BK requests. They could be weeks or months behind.

As an example, I have several DV requests out to CA's and collection attorney firms for CAP1. One of these requests for verification is 6 months old. I recently received a letter from the law firm saying they were working to satisfy my DV request, but in the current setting this is taking some time. In other words, it's not the CA's and JDB's who might be the holdup when information is requested by debtor or BK filer. I think the holdup is that the original creditors do not have enough staff to keep up with the demand for information.

It will be quite interesting to see how the timely process of filing for claims plays out in the next few months when we will begin to see a rapid increase in CC default and BK filings.

Just my best guesses.

In these times, think of it this way. As far as I know, there is no automatic electronic form that flows through from your filing matrix to the creditor/CA to the outbox called "file a claim." Actually there is. :)

Read this article here (http://www.doanlaw.com/blog/?p=18) (http://www.doanlaw.com/blog/?p=18). it will keep you up at night. :)

For instance, “Bankruptcy Claim-Pro” claims to produce “1000 proof of claims in minutes” with a simple interface between National ECF data and debtor accounts such as “EDI (Electronic Data Interchange), AS400, Oracle/Sybase/SQL Server/MySql/ODBC Database, DBase2 and DBase3, Mainframe, ASCII, Tab Delimited, Comma Delimited, Excel, XML, any computer readable format.”
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Many of these claims do not even contain a human signature. It is very questionable whether any human even sees these claims since they are entirely automated. Of course, such a practice is completely illegal for failing to comply with Bankruptcy Rule 9011.

I had one file a claim for $13, and another not file for over $5000, there's no rhyme or reason as far as I can tell. What annoys the heck out of me are creditors who don't file claims, then keep sending me debt settlement offers! I keep sending them copies of the BK filing and photocopy the creditor matrix so they can see they were clearly notified, send these letters return reciept for proof they got them, and two months later, they send me another letter asking for $, or sell off the debt to someone else who then starts asking for the $ again, it's so frustrating when they could have been getting paid back in my CH 13 for more than the % they are asking to settle for if they just did their darned paperwork! But I fear these zombie debts will follow me forever, now I wish I'd filed the proof of claims for them...

I had one file a claim for $13, and another not file for over $5000, there's no rhyme or reason as far as I can tell. What annoys the heck out of me are creditors who don't file claims, then keep sending me debt settlement offers! I keep sending them copies of the BK filing and photocopy the creditor matrix so they can see they were clearly notified, send these letters return reciept for proof they got them, and two months later, they send me another letter asking for $, or sell off the debt to someone else who then starts asking for the $ again, it's so frustrating when they could have been getting paid back in my CH 13 for more than the % they are asking to settle for if they just did their darned paperwork! But I fear these zombie debts will follow me forever, now I wish I'd filed the proof of claims for them...You should be sending those to your lawyer. If you filed pro se, then you need to file an Application for Motion to Show Cause and for Sanctions!!!

They will keep doing this so long as debtors don't take legal action and they get sanctioned.

It is interesting though that these creditors would hound you to the grave and back through phone calls, letters, etc. but then don't file for payback through bankruptcy. My biggest CC - Citibank- didn't file on $18,000+.
Which just meant more for the other creditors Thank you very much.

You should be sending those to your lawyer. If you filed pro se, then you need to file an Application for Motion to Show Cause and for Sanctions!!!

They will keep doing this so long as debtors don't take legal action and they get sanctioned.

I would but she said to send them registered letter 1st, that there's nothing she can do initially. Then they sell the debt to another company, who can also say they didn't know about the BK, so need to send them a letter too.. and when I send them a letter, they sell again, and so on and so on. It's a lot harder to get a sanction against a creditor for violating the stay than you'd think, you have to prove they did it on purpose, they can claim it as a "mistake", so my lawyer isn't willing to deal with it. I've stopped spending the postage on the registered mail, legally they can't recover it so I've decided to just let them waste their money on postage. But do worry about them trying to do more in the future.

I actually know that it's difficult to get Sanctions, but if we keep letting them do it... they'll continue to do it. I think most lawyers are lazy or just plain lax in this area.

I understand junk debt buying (and selling). However, the fact is, that these debts don't get sold and re-sold every month. :)

If no one ever takes the time to challenge these creditors/JDBs, then we'll all continue to be harassed by them. Them merely claiming that "we didn't know" is actually not an excuse when it comes to the automatic stay and discharge injunction. :)

Many courts have found that a mistake is not an excuse and is still willful. This is because these creditors are sophisticated enough to have CHECKED first. :) It's a game to them. And, they'll keep playing it so long as everyone is passive.

Sorry, this is a sore topic for me.

I had a creditor not file a claim on $18000. In all about a third of my creditors did not file but I did have one file a claim on $47 on one card but they let over $2000 go on another card which was also theirs. I have no idea why that happened that way.