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proof of claim on Pacer

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    proof of claim on Pacer

    hi,

    Found a proof of claim on Pacer filed by GMAC on 2/25/10. there were copies of my Loan docs, and title also.

    not sure what this means if anything. could they possibly be wanting me to Re-affirm ?? I am riding through, but plan on returning the vehicle after discharge.

    They were the only one's to file a claim. nothing else in the claims register.
    Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

    #2
    Yeah isn't a proof of claim only possible for a secured debt which, in your case, would be the car?

    Also, a proof of claim is not the same as a general creditor objection, is it? Or is it a creditor objection to the discharge of a secured debt?

    What did your attorney say about your car?

    Comment


      #3
      Originally posted by bobbyquefour View Post
      Yeah isn't a proof of claim only possible for a secured debt which, in your case, would be the car?

      Also, a proof of claim is not the same as a general creditor objection, is it? Or is it a creditor objection to the discharge of a secured debt?

      What did your attorney say about your car?
      He dident say. It did say a copy had been mailed to my Attorney.it was posted 2 weeks prior to my 341
      Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

      Comment


        #4
        Many secured creditors will file claims in a Chapter 7. Mostly in case you are surrendering and there's a deficiency and there are assets to administer. It also establishes that they have standing by showing the loan docs, assignments, etc.

        Even some unsecured creditors will file claims in a no-asset Chapter 7 just because they don't know when/if it will change to an asset case. Mostly just to stay ahead of the game. I don't usually worry about claims unless it's an asset case. Then I suggest that you police them.
        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

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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