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    #1

    Creditor Claims removed?

    When I peeked on PACER last week, I saw that the proof of claims have started to trickle in. Capital One was leading the parade.

    This evening, I noticed that the 4 different claims from Capital One (all legit/different accounts) are no longer on the claims register and the total $ is reduced by the $ of the Cap One claims.

    Any clue with what's up with that? Can they claim and then revoke them to ammend them and then resubmit?

    .
    Filed 07/07, $120k unsecured debt
    Plan: $400 (includes cram down) 60 months
    Brilliant attorney, decent trustee, awesome plan
    Tags: None
    #2
    Originally posted by qwertysue View Post
    Can they claim and then revoke them to ammend them and then resubmit?
    It's my understanding that during the 90 days for non-govt creditors/collectors to file claims, they can revise claims if they find the original filing was incorrect or incomplete.

    You are going to see a lot of activity over the coming few weeks then it will tend to peak again towards the end of the claims period. Just keep an eye on what's coming in and watch carefully for any surprises (like your mortgage lender's attorney filing a claim - in our case that meant our mortgage lender was filing an objection for being in arrears when we weren't and their lawyer was trying to make us pay for his time spent filing the objection . Luckily in our case thanks to our excellent lawyer that objection was thrown out by our bk judge and our trustee had to ask the lawyer to return the funds he had disbursed....it was a sweet moment! )
    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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      #3
      Now it's down to 1 claim at 752 bucks!


      So, if there are any formal objections filed, where would that show up in Pacer?
      Filed 07/07, $120k unsecured debt
      Plan: $400 (includes cram down) 60 months
      Brilliant attorney, decent trustee, awesome plan

      Comment

        #4
        They still have lots of time to file and usually they come in the last week.

        Comment

          #5
          Most obejections will show up on Pacer in your history/documents area. You won't have to watch for them because your attorney will notify you of any objections.

          Now if your filed pro se, then you should also get a copy of any of the objections from the creditors.

          Since you have just had your 341 meeting you will have to wait out the 60-day waiting period for obejctions to be filed. After that 60 days your payment plan will be confirmed, etc.
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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