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Proof of Claim listed on Pacer - What does that mean??

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    Proof of Claim listed on Pacer - What does that mean??

    I posted yesterday about being worried that our CH 7 no asset case had not been discharged yet. My lawyer's paralegal said not to worry because cases are discharging around 120 days since the court is backed up. He also told me that there are no flags on our case.

    I was on Pacer again today & under the Claims link there was something listed!!! I decided to view the document, here is what it said:

    Claim Filed 07/13/09
    U.S. Bankruptcy Court District of KS - Proof of Claim
    Name of Debtor: xxxx Case Number: xxxx
    Name of Creditor: GMAC
    Name & address where notices should be sent
    Name & address where payment should be sent (if different)
    1. Amount of Claim as of Date Case Filed: $xxxx **
    **Claimant Reserves Right to Amend its Claim**
    If all or part of your claim is secured, complete item 4 below; however, if all all or your claim is unsecured, do not complete item 4.
    2. Basis for claim: Automobile Financing
    3. Last four digits of any number which creditor identifies debtor: xxxx
    4. Secured claim check the appropriate box if your claim is secured by a lien on property or right of setoff and provide the requested information.
    Nature of property or right of setoff: box next to Motor Vehicle is checked.
    Describe: 08 Hyundai Accent
    Value of property: Unknown
    Annual Interest Rate: 9.99%
    Amount of arrearage and other charges as of time case filed included in secured claim, if any $0.00. Basis for perfection: Certificate of Title/Lien Notice
    Amount of Secured Claim: $xxxx Amount Unsecured: Unknown
    6. Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
    7. Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements. They did attach the docs. that were signed at the dealer we bought car from.

    Proof of Claim is signed. Also attaced was a Certificate of Service that basically says the proof of claim & all exhibits were served electronically to our attorney & also served electronically to the Trustee. We never received a copy of this & my attorney never mentioned this to us, not even yesterday when I called them to ask why the delay w/ discharge.

    My DH & I did not reaffirm this vehicle. Reason is because this is really our son's car. DH signed docs. at dealer when it was purchased in 2008 & our son co-signed because he did not have any credit - I am not listed anywhere on any docs. nor am I listed on the title. Our lawyer was the one who advised us not to reaffirm since I am not listed anywhere on any docs. & also because we don't make the payments. Our lawyer also called GMAC at one point during our case & asked them if we could do a "ride through". GMAC said yes & so our son is still making the payments on this car while we are in BK - he has never once been late with a payment (even before the BK) & GMAC has cashed all of our sons checks.

    Does anyone know what a proof of claim is?? Does that mean that GMAC is wanting the amount listed to be paid in a lump-sum?? If the amount listed in the claim is not paid in a lump-sum, does that mean that GMAC will repo the car??

    Could this proof of claim be why our case has not been discharged yet??

    Yet another reason to be worried...

    Sorry for the long post - just needed to vent!!!

    #2
    Is your case an asset case? Usually, they will file a claim if it is an asset case and funds will be distributed through the trustee.
    Filed Chapter 7: 7/3/09
    341 Hearing: 8/6/09 - Went Smoothly!
    Discharged: 11/30/2009
    Closed: 12/16/2009

    Comment


      #3
      they may have filed this just to protect their right to repo in case your son stops making payments. they do not expect any amount to be paid in a lump-sum.

      as 2manybills says, a "proof of claim" is what a creditor would file if you were an asset case. so it seems they are just being extra careful.

      why not ask your lawyer about this specifically and whether it's delaying the discharge. maybe your lawyer didn't notice it? or did he place the call to them about the ride-through after this was filed?
      filed ch7 May 09
      341 june 09
      discharged, closed Aug 09

      Comment


        #4
        No, I am not an asset case.

        Comment


          #5
          Update - Proof of Claim listed on Pacer

          Thanks again for the suggestions. Guess this wasn't really anything to worry about because I just received my discharge!

          Comment

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