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Confirmed..but still confused about the dates

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    Confirmed..but still confused about the dates

    HI,

    I am in Florida

    I filed June 23rd

    341 July 27th

    Prelimary confirmation 9-16

    Confirmation on pacer 10-13-10

    Objection to discharge 9-27-10(I had no objections)

    Proof of Claim 10-25-10

    Government Proof of Claim 12-20-10

    Does the 10-25 date Proof of Claim mean that creditors can still get in on the ch 13 even if the judge signed the paperwork confiming my 3rd amended plan...

    I had a claim added on 10-14(It was Wells Fargo 2nd mortgage)..which I thought was stripped...so I am totally confused.

    Any one have the answers?

    Thanks

    #2
    You have found the flaw in the system. Yes, creditors can continue to file claims until the claims bar date, even if your Plan is confirmed. All it takes is one creditor filing a claim improperly (alleging priority status for example) to throw a wrench into the system. Further, what if you owe taxes but do not know exactly how much? While the taxing agencies are quick to file claims the govt. has additional time to do so. Your plan must provide for the priority amount. If the claim is filed after your Plan is confirmed you will have to either modify the Plan or amend the Order confirming.

    In your situation, I will assume you are NOT a 100% payback. You stripped the secured status of the 2nd. The 2nd, however, still has an unsecured claim and will share in whatever pie you set up for unsecured creditors. Not a big deal so long as you are not paying a "percentage" plan.

    Des.

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      #3
      The claim that was filed is the 2nd mortgage strip and I am thinking that they will be unsecured and as you say get a piece of the pie...

      I did not know that after confimation, a creditor could file a claim and get the plan amended and or amend the confirmation..

      Thanks

      Comment

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