Proof of Claim Question

[ConfusedPeet]

Hello all! We recently had a Chapter 7 converted to a 13. We received our confirmation and notice from the trustee. I logged into NDC.org and the majority of the creditors except 2 have not filed a proof of claim. This includes an auto loan that was being included in the plan. Last date to file is Jan 12. What happens if they do not file a proof of claim? Also, what happens to the surrendered tax returns during the plan? I know to contact my lawyer but wanted to post here as well. TIA

[despritfreya]

Was the claims bar date issue in the Chapter 7? If so, the deadline is not January 12. A new date will (or should) be issued. Look at the Chapter 13 341 notice when you get it.

Des.

[ConfusedPeet]

We have already had the 341 meeting and have made our first payment. The January 12 date is for the Chapter 13. My lawyer says not to worry about it but I am worried about the car that should be included.

[despritfreya]

We have already had the 341 meeting and have made our first payment. The January 12 date is for the Chapter 13. My lawyer says not to worry about it but I am worried about the car that should be included.

Listen to the attny - don't worry. Chances are a bunch of claims will be filed after the 1st of the year.

Des.

[ConfusedPeet]

Thank you Des. Do you know what happens to tax returns? We usually get a large return. Do they get applied to the plan and shorten it or does the trustee keep it?

[shipo]

Thank you Des. Do you know what happens to tax returns? We usually get a large return. Do they get applied to the plan and shorten it or does the trustee keep it?

This varies by Trustee and plan, some let you keep the entire thing, others take it all, and still others, like mine, take anything over $1,250.

[ConfusedPeet]

I have looked over our paperwork and it says the last day to file a claim is January 12, 2024. Only 2 creditors have file for less than $3000. The other $80000 plus has not filed including a vehicle that was to be paid in the plan. I'm concerned because my attorney hasn't messaged me back. Any ideas?

[despritfreya]

You are in Kentucky. I do not know how your Chapter 13 Trustee handles this. As it relates to the secured claim (vehicle), in my district, the Trustee would direct that the Order Confirming provide for the claim despite the failure of the creditor to file a timely claim. Remember, regardless of whether or not you pay for the vehicle, the lien will survive the bankruptcy.

As to the other (unsecured) creditors, "you snooze, you lose". The debts (with a few exceptions like student loans) will be discharged once you complete the Plan and get your discharge.

Des.