Carmax filing a claim

[cz3ch]

I was looking on pacer at my chapter 13 claims today and saw a new claim from carmax whom I'm financing my vehicle through. In my chapter 13 I'm paying them outside of the plan and am currently ahead by 2 payments.

I don't fully understand how claims work, are they just filing a claim saying that this is the balance and what's owed to them? I've explained to them over the phone that I'll be keeping the car and will continue paying payments which they said was fine.

I just don't know what this claim means and if I should even be worried about it. See below for the claim information.


Creditor: (8300066)
CarMax Auto Finance
225 Chastain Meadows Court
Kennesaw, GA 30144 Claim No: 2
Original Filed Date: 12/18/2012
Original Entered Date: 12/18/2012

Status:
Filed by: CR
Entered by: Dhar S Sandhu
Modified:
Amount claimed: $16943.86
Secured claimed: $16943.86
History:
Details 2-1 12/18/2012 Claim #2 filed by CarMax Auto Finance, Amount claimed: $16943.86 (Sandhu, Dhar )
Description: (2-1) Retail Installment Contract
Remarks:

[justbroke]

A claim "preserves" their rights in the Bankruptcy! Is your plan even confirmed? Even if you pay "outside" the plan, they are still technically included in the plan so they need to have a claim in order to (technically) be paid. I don't remember, but did you file pro se?

If so, then you should know that claims are how creditors participate in a Chapter 13 bankruptcy. Paying "outside the plan" is really a misnomer. It's really "not through the Trustee". The item actually needs to be in your plan of reorganization... otherwise you would not receive any expense allowance for it. You just choose to pay it directly and not through the Trustee. Therefore, it is technically in the plan and as such, there should be a claim for it.

[cz3ch]

A claim "preserves" their rights in the Bankruptcy! Is your plan even confirmed? Even if you pay "outside" the plan, they are still technically included in the plan so they need to have a claim in order to (technically) be paid. I don't remember, but did you file pro se?

If so, then you should know that claims are how creditors participate in a Chapter 13 bankruptcy. Paying "outside the plan" is really a misnomer. It's really "not through the Trustee". The item actually needs to be in your plan of reorganization... otherwise you would not receive any expense allowance for it. You just choose to pay it directly and not through the Trustee. Therefore, it is technically in the plan and as such, there should be a claim for it.

Ok thanks, I didn't know how it worked. My plan is not confirmed, I haven't even been to my 341 C13 meeting yet. I see the pre-petition debt for the car listed in the Uniform Plan and Motion for Valuation of Collateral. I don't have a copy of a plan of reorganization. I did however email my lawyers and they confirmed as long as I keep paying my payments as per the lender's requirements I'll be fine and the vehicle will stay out of the plan.