Secured Surrendered Property How Long..

[dovette7]

We filed Feb 15, 2007. Surrendering Artwork, Motorcycle, Jetski. The creditor is now ECAST. We have heard not one word from them at all about getting the property but they filed claims on the entire amount of what we owed them, even though we are surrendering.

Attorney filed objection to claim... from what I understand, they have 30 days from that date?? to get property, file amended claim. Do you know if that is correct?

Is there not a time limit they creditors have to get property, sell, and file an unsecured claim for deficiancy? from the filing date, or the 341 meeting? I has been 6 months since we filed. Once our attorney filed objection to their claims, the next day they filed motion to lift stay.

I would have thought, they should have had time limits to get all this done?

[lrprn]

Is there not a time limit they creditors have to get property, sell, and file an unsecured claim for deficiancy? from the filing date, or the 341 meeting? ... I would have thought, they should have had time limits to get all this done?

In Chapter 13 a non-govt creditor has 90 days after your 341 meeting to file a claim. However, after the claim is filed, the creditor/collector can amend the claim, even transfer the claim to another collector.

I haven't read anything that lists a time limit after an original Ch 13 claim is filed after which the creditor/collector can make no more changes to the claim. One of the more frustrating aspects of Ch 13....sigh....you could potentially see a few claim changes here and there throughout your bankruptcy.

During month 10 after filing, our student loan lender switched their previously filed claim over to their separate bankruptcy company. Also at month 14, we had a creditor change a previously filed claim over to another collector during month 14.

Debt owner changes like this make no difference to you and don't change your Ch 13 payment....they are just extra paperwork for the courts and your trustee.