Did all your creditors file claims?

[4ever]

We have about 8 credit cards and a hospital bill. Not that we could get that lucky but if none of them filed, would the case be dismissed and they couldn't try to collect later, or would we still be in the plan for 5 years paying the trustee something? Even if just one files, would we have to stay in the plan the whole length of time for just one filer?

[woeisme]

That is exactly my case. About 10K worth of claims weren't made, but since our overall debt was ~95K and our plan only proposed to pay back 66K, it makes no difference, we still pay back the same 66K, just more to those who filed claims (~75% instead of 65%) and nothing to those who didn't file claims. Wish they had all filed claims so I wouldn't have to keep messing with those who didn't but then still send me collection notices actually.

[holding on]

Just remember that just because a creditor(s) doesn't file a claim, doesn't mean you will be paying less in your CH13 plan. If you're not at 100% it could just mean your creditors that did file will get more. Yeah, yeah, call me a party pooper!

[13bound]

I guess I'm not understanding your question. In our case our enemy has filed a Creditor Objection that is called an Adversarial Protest, but this *putz* is not a creditor.

i should have said it could be a creditor or a debtor. all this is just from doing searches on the net. i'm not a lawyer and really don't know anything about this stuff other than what i read and things i hear from my lawyer. sorry for getting off topic to the thread starter.

[AngelinaCat]

I guess I'm not understanding your question. In our case our enemy has filed a Creditor Objection that is called an Adversarial Protest, but this *putz* is not a creditor.

[13bound]

Yes, lajazz947, it is an Adversarial Protest, and no 13bound, the debtors are not making an objection.

i understand what you are saying, but doesn't it go the other way as well?

[AngelinaCat]

Thanks, is that a creditor objection?

Yes, lajazz947, it is an Adversarial Protest, and no 13bound, the debtors are not making an objection.

Our enemy has a five year old stale lawsuit against us. It has never gone to trial, and it has never been resolved one way of the other. There is no judgement against us, nor do we owe anything at all to this creature. The enemy has filed the Adversarial Protest against having his lawsuit dismissed. And he is attempting to take his civil lawsuit and try it in Federal Bankruptcy Court.

[13bound]

Thanks, is that a creditor objection?

i think it is the debtor making a protest. i'm new at this and just going by what i have read.

[Lajazz947]

Thanks, is that a creditor objection?

[13bound]

I'm sorry but what is an " AP"?

adversary protest.

[Lajazz947]

I'm sorry but what is an " AP"?

[woeisme]

True, no rhyme or reason. I think my smallest claim was for $37, and they filed the paperwork. I had several that were a few thousand dollars that didn't file though. They were all medical bills I think, although from different providers. Those that didn't file claims keep harassing me trying to collect though. I've sent photocopies of the BK filing by certified mail, talked to them on the phone, etc, and yet still keep getting bills and they even sell the debt to different debt collectors, who I have to contact, explain that I filed BK on the debt, they kick the debt back to the hospital (or medical practice, etc.) and then the process starts again, it's really frustrating. If they keep it up I'm going to call my lawyer about it, but right now it's a mild nuiscance as opposed to a real problem, so keep trying to contact them and work it out. But hope that if some of your creditors don't file claims, that they don't harass you the way they are me.

[AngelinaCatHub]

lrprn is correct. You will probably find that your smaller creditors to which you owe under a $1,000 or less will not file a claim...that doesn't mean they won't in your case, but it usually costs them more to handle the matter than it would to collect.

[CCB35]

creditors

I had several not file a claim and i had 3 or 4 file a claim on $30 or less.the trustee is paying them a dollar a month or so lol .the part i dont understand is why not just pay those off real quick and then move on to the bigger ones.i hope they enjoy those 1 dollar checks for the next 3 to 4 years

its crazy how this stuff gets paid in chapter 13

[rrockinggramma]

I did not have all of my creditors file claims. Some on here were not so lucky. It just depends on the creditor.