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Who claims, who doesn't?

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    Who claims, who doesn't?

    As I wade into the BK 13 pool, currently at the knee depth level, I discover new questions. The initial attorneys and my chosen one have all looked at who my creditors are and made comments such as, "Many of these won't bother to file a claim?" I don't get particulars, just the comments. I read an old post here (somewhere) related to creditors not filing claims. I have unsecured debt and cc debt with creditors such as Citi, BOFA, Premier, etc. Does anyone who has been confirmed in 13 care to share your current thoughts on who claimed and who did not? I'm just curious.

    #2
    I remember someone posting a while back that their Trustee went after "Preferential Payments" in excess of $900 from Citi I believe it was. Citi paid back the BK Court and did not even bother to file a claim in that person's BK Plan.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      Originally posted by treehugger1 View Post
      Does anyone who has been confirmed in 13 care to share your current thoughts on who claimed and who did not? I'm just curious.
      We had a long list of creditors with money owed to credit cards, unsecured loans, secured loans, and priority debts. Only about half of our credit cards even bothered to put in a claim, and half of those claimed through third party companies who take on bk debt and admistrate it for the primary company. Two of our cards that didn't bother to put in a claim had over $10,000 owed on each of them....go figure! Our secured and priority lenders and the IRS all put in claims within two weeks after we filed.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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        #4
        I heard cc companies that you have high debt with can just write it off - its a big tax break to them, so they are unlikely to file objections.

        Catchmeifyoucan
        July 2006: Filed Ch13 :blink:
        Oct 2006: Converted to Ch7 :clapping:
        Jan 2007: DISCHARGED :clapping:
        Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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          #5
          Unfortunately, every credit card filed with ours.

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