Creditor didn't get their stuff in on time

[Anj]

Now what - the biggest nut on my 13 is my 20K student loan and they didn't file their claim on time... I got the motion from the trustee yesterday...

I can't imagine the debt being forgiven - do they just have to jump thru a few extra hoops to get their take of the pot???

ps - we were finally confirmed 6 months after filing...

[lrprn]

Now what - the biggest nut on my 13 is my 20K student loan and they didn't file their claim on time... I got the motion from the trustee yesterday...

I can't imagine the debt being forgiven - do they just have to jump thru a few extra hoops to get their take of the pot???

ps - we were finally confirmed 6 months after filing...

Are you absolutely 100% *certain* your student loan holder was notified correctly about your bk? Any chance the address for the notification letter was wrong or was mistyped by your lawyer's office?

Here's a 2003 case involving a creditor that didn't file their claim for a Ch 13 case and the court goes through why that might have happened and what are acceptable reasons for allowing a late filing (sorry - original is a WordPerfect doc so this is the HTML version) - http://64.233.187.104/search?q=cache...s&ct=clnk&cd=4

And big CONGRATULATIONS on finally being confirmed! What a milestone - fantastic!

[keepmine]

It won't matter.
SL's aren't dischargeable in bk unless you file for a separate adverserial hearing and the bk judge rules in your favor.
You are still protected from collecton activity by the automatic stay. Once your case is discharged or dismissed, they'll start collecting again.

[Anj]

keepmine - I am more inclined to go with Irprn - that something prevented them from filing timely and start their collection. But it also makes sense too that they will just collect after my discharge. I would hate to go thru all this and still have them on me when I finished just cause they didn't respond timely...

A

[Minnymouth]

Most student loans are not dischargable in bankrutpcy.....

If they did not file paperwork to be included in the Chapte 13, then you pay them outside the Chapter 13 or they may be deferred till after your case is closed..... then you resume paying them.....

Needless to say, they will get paid.....

Possibly they may have to file a petition with the Court to get name added to the Creditors list....

[Anj]

The petition to dismiss was because they didn't file in a timely manner but it does give them the opportunity to appear and object. But they have to send a live body to do it...

My thoughts - if they don't go into the bk, then they come after me outside - well not after me cause I was paying them on time and stuff - anyway, they come back to me to reinstate their payments - but then we have to readjust the entire bk cause the loan was 20K of my total. Which would mean I wouldn't have to go the full 5 years - which would be good - but I just feel like a stalk of grain in a field just blowing back and forth - like I don't get any say in anything - I just keep sending my money to the trustee and that's that...

Thanks every (as usual)... A