After 341, Time to claim question

[howiej68]

Just a quick question, hope someone can help me, just a little history first,
Chapter 13
Filed 11/9/11
341 12/16/11
Case confirmed 2/24/12
100 percent payback, 1514 monthly payment for 60 months.

My question is how long the creditors can make a claim after the 341 hearing, from other post i have read it sounds like 60 days after the 341?
but on the NDC site creditors are still making claims, is there a cutoff? can claims still be made after the time period has passed?

[kathlee29]

I am also interested in this question; our bar date is tomorrow and a few very big creditors have not made claims yet. I know I will have our attorney vigorously object to ANY creditors making claims after tomorrow. The creditors have had 4 months to come forward since our filing. Discover made a claim within a week of filing, as did Chase (sold to junk debt buyer) and Amex. We do not owe the Gov't any money as I know they can make later claims.

[keepsmiling]

Crossing fingers for both of you!

[kathlee29]

Thank you Keepsmiling, you are so helpful on these boards. I really appreciate all your help (I read here everyday)!

[karm43]

I was wondering too cause my paper gives them like 5 months after 341 and i did not have yet.

[lrprn]

After filing, the bk law provides 90 days after your 341 for secured and non-secured creditors to file claims, and 180 days after filing your case for government creditors (i.e. IRS) to file claims. Creditors can ask the court for more time if they can prove their legitimate need to the judge.

[kathlee29]

lrprn,

We filed 11/18/11; our 341 was to be 12/22/11 but was pushed back by the court til 2/1/12; 180 days from filing for us is today, the bar date, but b/c the 341 was pushed back til 2/1/12 that isn't 90 days to today.

Our lawyer said the bar date is 3/14/12 and he will object to any creditors coming forward after today. But, as we know the judge will decide what s/he wants to do about that should anyone file late. It might not matter anyway b/c my husband was laid off in January and is still out of work but looking and we cannot be confirmed in the 13 until he gets a job and confirmation is in 4 weeks. So, we might have to convert to a 7.

[LadyInTheRed]

We filed 11/18/11; our 341 was to be 12/22/11 but was pushed back by the court til 2/1/12; 180 days from filing for us is today, the bar date, but b/c the 341 was pushed back til 2/1/12 that isn't 90 days to today.

The 90 days is from the first date set for the 341. It doesn't change if the 341 is rescheduled. The rule on time for filing claims is at http://www.law.cornell.edu/rules/frbp/rule_3002

[kathlee29]

So today it is lady in the red, today it is! I just went over our papers the first 341 was originally scheduled on 12/15/11. We have a few big claims out and they are not on Pacer so I am hoping they don't claim, two didn't claim in our last case either that was dismissed while we were with a BK mill last year (same two creditors). We shall see how it goes.

Hoping my husband finds a job SOON so we can confirm and MOVE ON WITH OUR LIVES!

KL

[karm43]

Thanks for the clarification! What do they need to prove that you owe?