Originally posted by justbroke
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LendingClub Loan vs a Chapter 13...who is going to win?
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Hello justbroke, hope you are doing fine. It is only a few days away from my "confirmation hearing" (11-4-16) and I am very nervous. I have been monitoring my Pacer account and today so far 4 creditors have filed claims. Some do not make since like HSN went to a collector and is calling it a "money loaned"...its from Home Shopping Network and you donkt borrow money from them. So not sure what that is. I went to LendingClubs webiste and they still have my account open, for now, and it shows as of today 11-1-16 "charged off". I hope that is a good thing. They have not filed a claim as of today (11-1-16). They still have about a month after the confirmation hearing, I think, to file a claim. Just trying to figure this out and you and many others here have been a tremendous help and need your input/advise. Thank you.Originally posted by justbroke View PostI wouldn't worry about an unsecured creditor. In 99.99% of the cases that I have read/reviewed, unsecured creditors would typically only file a claim and hope to get something throughout the life of the Chapter 13. There are only a few high-profile cases where "junk debt buyers" like B-Line, B-Real, LVNV and others have asserted themselves in a Chapter 13.
Remember, that a Chapter 13 plan can be approved by the judge over the objection of the Trustee and the creditors. I would not be worried about this particular creditor.
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Lukesky, you seem to have a huge misunderstanding about the Chapter 13 process. A creditor can't just "opt out" of the bankruptcy case, you're bankrupt, they can't collect from you while you're in bankruptcy. A creditor can choose to file a claim and get some sort of payment through your Chapter 13 Plan. If they don't file a claim, they don't get anything through your plan and when your plan is done, their total debt is discharged.Any information posted by me is for general informational purposes only. While I am an attorney, I am not YOUR attorney and any information I provide is not legal advice.
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Thanks for your comment BKAttyMI. I have a better understanding of my Chapter 13 than I did when I first started, which is normal wouldn't you say? I am not sure what you comment is trying to tell me. When my automatic stays where sent out the day I filed my case I knew then that they cannot collect from me. I also know that they do not have to file a claim and may loose out all together. I hope that it is understood that the people who post their "stories" here may be very stressed out and are just looking for help, a shoulder to lean on. I do hope you see that and thanks for your time.Originally posted by BKAttyMI View PostLukesky, you seem to have a huge misunderstanding about the Chapter 13 process. A creditor can't just "opt out" of the bankruptcy case, you're bankrupt, they can't collect from you while you're in bankruptcy. A creditor can choose to file a claim and get some sort of payment through your Chapter 13 Plan. If they don't file a claim, they don't get anything through your plan and when your plan is done, their total debt is discharged.
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