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Did all your unsecured creditors file proof of claim?

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  • Did all your unsecured creditors file proof of claim?

    If not, does your payment decrease or does the length of the plan decrease?

  • #2
    One creditor, Chase, held about half of my unsecured debt and did not file any POCs. BOA only filed a POC on a overdraft LOC and not a credit card I had or a unsecured personal loan. I'm in a 60 month plan and that did not change, nor did my plan payment amount.
    Filed Ch 13 Fall 2013, 60 month plan


    • #3
      Originally posted by tic1975 View Post
      If not, does your payment decrease or does the length of the plan decrease?
      Your payment would not decrease unless it would cause you to be in a 100% plan AND you or your attorney file a motion to modify confirmed plan to account for this issue. (Of course, it will be based on your DMI and whether your DMI multiplied by your commitment period (36-60 months) yields a higher result than what is your minimum due to the unsecured creditors.)

      In almost every case, at least one creditor fails to file a claim. It's entirely possible that your largest creditor somehow falls asleep and does not file a claim. In my case, I think I had 3 that didn't file and it was a significant amount (> $20K).
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.


      • #4
        Discharge date: October 2017 (will it ever get here?)


        • #5
          Hi..I'm in a 100% plan. Chase did not file a claim for around 20,000 and according to the trustee's websie, provided I'm in the 100% plan to the end, reduced my plan by 4.5 months.
          Filed Chapter 13 - 07/20/12
          Discharged 8/2/16


          • #6
            Sophieanne, NICE!!!!
            Discharge date: October 2017 (will it ever get here?)


            • #7
              yes all of mine did.
              Discharged 5/2015


              • #8
                They did but the Trustee did not include them in our plan. They were dismissed and our 3 yr. plan was reduced by 10 mos. Discharged and finished Nov. 2014 when we didn't expect it to end until Aug. 2015.

                Congratulations Sophieanne! sammie
                Last edited by Sammie; 04-26-2015, 09:12 AM. Reason: typo
                Plan Completed 10 months early 09/24/2014 Discharged 11/04/2014

                Filed Ch 13 Aug. 2012 341 Meeting 09/12/2012 Confirmed 10/23/2012


                • #9
                  In my case, I don't think I will end early. Trustee is halfway done with paying my secured debt, then he will pay the unsecureds. In spite of 1/2 my unsecured debt not being POC'd, a 100% payback would be more than my current base.
                  Filed Ch 13 Fall 2013, 60 month plan


                  • #10
                    All except the $200 remainder of a 6-month same as cash purchase at a web store. Bank of America filed the same claim 3 different times because they couldn't figure out which lawyer team was handling the real estate claim, lol!!

                    Mine may end a month or two early because the amount doesn't matter, the payment is based on disposable income. I am in 100% plan though..


                    • #11
                      We had several not file POC's. We were not in 100% so it made no difference in ours.


                      • #12
                        We are more than likely going to be in a 100% plan.


                        • #13
                          I'm not sure if we are a 100% plan and not sure what that is. Is that when you pay all the creditors 100% back?
                          We don't pay very much a month to the trustee.
                          Also can I look on NDC web site under claim summary to find out who filed claims and who have not?


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