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Chapter 13 Confirmed - two creditors did not file Proof

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    Chapter 13 Confirmed - two creditors did not file Proof

    I received my confirmation earlier in July. I noticed that two creditors did not file proofs of claim and I wanted to know how this would effect me after my BK is done. Please not both of these creditors were included in my chapter 13 petition and were aware that i was filing for bk.

    One creditor had a bank levy on my checking account and was given a judgement against me in the City of New York. I currently live in Florida. The bank levy was removed by my attorneys. When the chapter 13 process was all said and done they never sent in a Proof of Claim and for what I can see will be getting paid under my plan.

    Can they go after me once my chapter 13 is complete?

    a few years ago I gave up my car and had it voluntairly repo'd. I was under a payment plan with a law firm representing the creditor (as a collector). They too did not file a proof of claim.

    I spoke with my attorney's and they said both of these creditors cannot go after me once bk is done.

    I am still worried about what may happen when i am done.

    #2
    Originally posted by JFL1979 View Post
    I received my confirmation earlier in July. I noticed that two creditors did not file proofs of claim and I wanted to know how this would effect me after my BK is done. Please not both of these creditors were included in my chapter 13 petition and were aware that i was filing for bk.

    One creditor had a bank levy on my checking account and was given a judgement against me in the City of New York. I currently live in Florida. The bank levy was removed by my attorneys. When the chapter 13 process was all said and done they never sent in a Proof of Claim and for what I can see will be getting paid under my plan.

    Can they go after me once my chapter 13 is complete?

    a few years ago I gave up my car and had it voluntairly repo'd. I was under a payment plan with a law firm representing the creditor (as a collector). They too did not file a proof of claim.

    I spoke with my attorney's and they said both of these creditors cannot go after me once bk is done.

    I am still worried about what may happen when i am done.
    Listen to your attorney. He is correct. They didn't file a claim, they are SOL.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      If you make all the plan payments then you'll get the chapter 13 discharge which covers any creditors listed in your filing whether or not they filed a proof of cliam.
      filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

      Comment


        #4
        Thanks everyone. Here is another thing that I just brought up to my attorney's. My questionairre to them showed the correct address for the creditor. However, the address in the Pacer Website (Creditor Mailing Matrix) was not correct. The suite number was suppose to be 26 and then entered 25. I never noticed. This creditor did not file a proof of claim. Are they going to try to collect once I am discharged?

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          #5
          They cannot come after you after the discharge.if they didnt file a proof of claim on it they get no money on the claim .

          Comment


            #6
            CCB35...how about under the circumstance I wrote above?

            "My questionairre to them showed the correct address for the creditor. However, the address in the Pacer Website (Creditor Mailing Matrix) was not correct. The suite number was suppose to be 26 and then entered 25. I never noticed. This creditor did not file a proof of claim. Are they going to try to collect once I am discharged? "

            Comment


              #7
              I wouldn't worry about the one digit typo. I am sure that it could be successfully argued that the mail would have gone to the right suite regardless of the typo.
              Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
              I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

              Comment

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