Filing a claim on behalf of a secured creditor

[missfontella]

Mods, dont get mad, please. It's an experiment. Fingers crossed.

[missfontella]

Nope. Hopefully, it can get fixed tomorrow.

[ValleYum]

Darn it... When you get them, you will notice the words Private Messages on the dark blue bar above the threads (to the right)

[justbroke]

As MSbklawyer wrote, filing a secured claim happens more often than you think in Chapter 13s. I filed 2 of them on behalf of secured creditors! As stated, if they don't have an allowed claim, then they can't be paid by the Trustee! My HOA forgot to file and I never filed one for them. The Trustee asked me to pay them outside the plan! I did file claims for two other claims secured by my residence! Silly lienholders.

Personally, I wouldn't overshoot it. I didn't have one of the secured creditors complain at all! I guess they liked the money. One of them was actually the taxing authority. And, yes, the deadline to file a claim in a Chapter 13 is 90 days after the first scheduled 341 meeting; a government entity get 180 days.

[missfontella]

The PMs have been turned on. :-P Yayyy!

JB, The reason I was going to overshoot it was to make the paralegal stop worrying about having the exact amount. I want them to just go ahead and file it already. Considering that the creditor has not respond at all to any attempts to contact, they may not even plan on taking my car after my discharge. However, it's too much of a risk for me.

[justbroke]

JB, The reason I was going to overshoot it was to make the paralegal stop worrying about having the exact amount. I want them to just go ahead and file it already. Considering that the creditor has not respond at all to any attempts to contact, they may not even plan on taking my car after my discharge. However, it's too much of a risk for me.

You know what, making them actually respond is exactly what you want to do! Make them prove the claim by filing an actual "corrective" claim after you file it! It's not a "problem" or issue at all. This is how claims work!

justbroke says: never overpay any claim. This could come back to haunt you later!

[ValleYum]

The PMs have been turned on. :-P Yayyy!.

Yay! You must have needed 20 posts!! Good luck!

[missfontella]

Update: My attorney is concerned that if the amount is not correct then I will not receive my car title at the end of the process. My thought is 1) They refused to provide an amount when asked, they get what they get 2) The amount is included in the confirmation plan and they were given a chance to object. I don't see how they could receive that money and then not giveup my title. Either way, the attorney filed the proof of claim today. When will it show on Pacer?

[justbroke]

My attorney is concerned that if the amount is not correct then I will not receive my car title at the end of the process.

This is sometimes a problem even if you did get the correct amount!

My thought is 1) They refused to provide an amount when asked, they get what they get 2) The amount is included in the confirmation plan and they were given a chance to object. I don't see how they could receive that money and then not giveup my title. Either way, the attorney filed the proof of claim today. When will it show on Pacer?

Since they did not object at confirmation to the treatment of their debt and you had to file a claim on their behalf, then that is the amount of the claim. If they don't send the title at the end, you may need your attorney to send them a nasty letter, but that should fix that.

Wait... let me back up. This is a title loan. I assume that the car was paid off? So this is not a "purchase" money loan. I would think that because you set the value at confirmation -- by listing the value in your Schedules and plan -- that whatever you put is the balance. The argument would be that they failed to object to confirmation or to object to the claim and are only entitled to the amount confirmed.

Yes, it may cause some issues, but they aren't even filing a claim! That tells me that you'll probably have issues with them anyhow!

[missfontella]

I agree with you wholeheartedly, JB. I feel like we have done all that we could do to ensure the correct amount was entered. I do expect some issue with them as they are just a shady lot to deal with, but I would feel confident presenting what we have to a judge. I paid for my car in full before I drove it off the lot. At the time I got the title loan, my car was worth 6 times the loan amount. Three years later, its still worth double what I "owe" them so I fully expect that they would try to take it after discharge if I don't make provision for them to get paid.

[missfontella]

Update: The claim is now showing on 13datacenter but it is showing as unsecured. The percentage paid on all the claims is now lower. Amount owed is like $290 instead of the full $2400. *sigh* I'm thinking that I should wait a few days and then call this to my attorney's attention BUT I emailed my attorney today (before I saw this) and she said that she would call the trustee tomorrow. So maybe I should catch her before she talks to him? The last thing I want to do is to irritate the trustee. Is their any reason that you guys can think of that the claim would show up as unsecured first but then switch to secured?

[tobee43]

at least 20 posts then maybe it will work.

you need usually to verify your account from the email address you supplied. if you haven't done that it may be the problem. you can look at your "welcome" pm's to see if there are any instructions for you to follow, but usually, if i recall it was sent via an email and then i had to verify my account. that was some time ago, and maybe the process has changed.

if you post your question or problem here: http://www.bkforum.com/forumdisplay....Forum-Feedback

you should be able to get someone to help you, cat may not be reading this post

[justbroke]

So maybe I should catch her before she talks to him? The last thing I want to do is to irritate the trustee. Is their any reason that you guys can think of that the claim would show up as unsecured first but then switch to secured?

The Chapter 13 Trustee offices are not bad when it comes to asking general questions. However, if you're represented they will refer you back to your attorney unless it's a "simple" question.

Your attorney may have filed it as unsecured or it was just entered wrong. I don't know.