Creditor Claims

[aa06a47]

Well, today was the deadline for creditors to submit claims. I checked pacer and pulled up all the claims. All credit cards but Citi submitted claims. What is weird, Citi did file a claim on the 2nd mortgage (paid outside of the plan) but not on the 35K in unsecured cc debt.

I guess they can submit a claim late, but not sure if it will be allowed. I am just wondering why they would have failed to submit a claim in a chapter 13 where they would likely get something. Very weird.

I guess I don't really care, but it seems incompetent they spent all that money getting the laws changed, and fail to take advantage of it.

[Jman30]

If they filed a claim on the 2nd Mortgage that you think is being paid outside the plan, then it will now be paid inside the plan if the judge allows it. This will increase your payment.

My mortgage did that as well. They filed a claim to be included in the Chapter 13, even though I planned on keeping them out.

Are you behind in payments on the 2nd Mortgage?

[aa06a47]

No, I'm not behind at all on the mortgages. Jman, did you end up adding them into the payments?

[Jman30]

I was behind one month on my mortgage, so when they filed the claim, my lawyer said not to even bother contesting it. At the time, I was REALLY ticked off...but no, I am glad it happened. Everything just comes out of my paycheck and goes to the trustee, including the house payment. Less stress.

My lawyer did say that it was STUPID of them to file the claim. If they were OUTSIDE the BK, they would get a payment from me every month. Now that they are in the BK, they only get payments sporadically, whenever the Trustee feels like sending them out.

I am not sure why your 2nd mortgage would want to be included if you have no arrears?? Have you talked to your lawyer?

[aa06a47]

I tried to contact my attorney today, no answer...?? I sent her an e-mail and no response. Must have been happy hour for the office tonight or something. I hope to get an answer tomorrow. It might be good to have the trustee pay every payment I make toward the mortgage payment....still havent' decided on that one yet.

[Jman30]

I tried to contact my attorney today, no answer...?? I sent her an e-mail and no response. Must have been happy hour for the office tonight or something. I hope to get an answer tomorrow. It might be good to have the trustee pay every payment I make toward the mortgage payment....still havent' decided on that one yet.

Honestly, I don't know how much of a choice you have. My attorney said that is your mortgage company wants to be included, most judges will allow the clain under the theory that ALL debt should be included under the Chapter 13 umbrella.

[bkdone]

Very interesting. And maybe I should thank God or go knock on wood or something... But my mortgage was about 2 months behind when we filed BK. The arrearages were added as a claim to the BK, but I continued to make my regular monthly payment on my own. Since it was a secured debt, the mortgage arrearages were paid first. I continued to make my regular mortgage pmt until the refinance was done.

[Jman30]

Very interesting. And maybe I should thank God or go knock on wood or something... But my mortgage was about 2 months behind when we filed BK. The arrearages were added as a claim to the BK, but I continued to make my regular monthly payment on my own. Since it was a secured debt, the mortgage arrearages were paid first. I continued to make my regular mortgage pmt until the refinance was done.

Wow - I think you got away with one there!

I was behind my ONE month and my mortgage was included as secured and the arrears as unsecured.