Secured Claim Not Filed

[cso5@]

Hi,
In my Chapter 13, there is a secured claim for $4,919 for old property taxes.

They were listed in the matrix, received notification and all that.

On National Data Center, they are listed as "scheduled". Not in the column under "claim amount".

Today in the mail, I got a paper called Notice to Allow Claims. Just seems to be a printout of all the people who have filed claims, nothing I haven't seen on NDC.

Except the property tax thing. The last line of the paper that was sent says, under "amount", none, and under "classification", not filed.

Now, if it were an unsecured creditor, I wouldn't necessarily care. But this is property taxes!

I can call my attorney on Monday. He'll get a copy of that paperwork, too, right? This Notice to Allow Claims from the trustee? But I just wondered -- what happens now? How can this be resolved?

Thanks for any help!

[HHM]

This can be a bit tricky, and you will need to speak with an attorney. If you want to pay it off in the plan (which you should), because even if they don't file the claim, because its a secured claim for property taxes, I don't think it will be discharged, YOU are entitled to file a Proof of Claim on behalf of the Creditor. Also, the reason to pay the property taxes is to get the lien removed on the property (I would presume the lien is on your home).

It sounds like your attorney is on the ball and at least scheduled that creditor for payment in your chapter 13 plan, so discuss with him or her what your options are.

[aa06a47]

Hi,
In my Chapter 13, there is a secured claim for $4,919 for old property taxes.

They were listed in the matrix, received notification and all that.

On National Data Center, they are listed as "scheduled". Not in the column under "claim amount".

Today in the mail, I got a paper called Notice to Allow Claims. Just seems to be a printout of all the people who have filed claims, nothing I haven't seen on NDC.

Except the property tax thing. The last line of the paper that was sent says, under "amount", none, and under "classification", not filed.

Now, if it were an unsecured creditor, I wouldn't necessarily care. But this is property taxes!

I can call my attorney on Monday. He'll get a copy of that paperwork, too, right? This Notice to Allow Claims from the trustee? But I just wondered -- what happens now? How can this be resolved?

Thanks for any help!

General creditors have 90 days to file claims after the 341 meeting. Government has like 6 months. How long has it been since the 341 meeting? If your planning on this to be payed through the plan, make sure your attorney files the claim if the gov hasn't. The trustee won't pay anybody, secured or unsecured a penny unless a claim is filed!

[cso5@]

Hi,
When I look at the page that tells about the 341 meeting, and it gives the deadline -- it says, date for governmental unit is 10/17/06.

Maybe that paper from the trustee was just like a notice / warning? Because it's not quite the 17th yet....like, ok, someone hasn't filed a claim, better get on it.

I'll call the attorney tomorrow. Since it's secured, and yes, a lien, as someone else mentioned, it's not like I can't pay it. But it just would be nice to pay it in the plan, get it all taken care of.

Thanks!

[aa06a47]

Yes, make sure those secured claims that are being paid through the plan are accounted for, especially the ones that come from the tax folks. I know you would hate to go through BK and end up oweing the IRS a chunck of change at the end.

Of course, you may find that if they don't file a claim, the debt is discharged. However, given the rules on tax's and bk, if I were you, I would rather just get them paid off through the plan!

[cso5@]

Update

Hi,
I find that I read some of these postings, and sometimes people present a situation, and people offer up advice (mostly very good advice, by the way), and then readers of this forum never really get to know how it was resolved.

So, in the spirit of giving "the rest of the story" -- here's an update.

The mortgage company had paid the taxes. That is why their claim was so large, vis a vis the amount I thought their claim should be (behind 7 months at $430 a month does not equal a $10K claim -- I thought it was attorney / collection fees).

Now, in February, they will make me have an escrow account, since it's been proven I can't pay the taxes reliably on my own. Which, that is fine. They will increase my mortgage payment to cover next year's taxes.

I asked my lawyer if they will be able to contact me to let me know about the increase in payment -- he said yes. But he also said we will know to look for it in February, so if nothing comes from them, we can contact them.

I hope the payment increase is not too much -- and it balances out.

cso5

[miss puff]

Thanks for the ending Cso. Must have been a nice surprise to know the taxes were already paid. Hopefully the new payment wont be too painful for ya.