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Asset case and none of my creditors have filed proof of claim...

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    Asset case and none of my creditors have filed proof of claim...

    If no one files proof of claim, what happens to the money? We paid the ttee to keep our cars, and i am curious, more than anything.

    I would assume the ttee will still pay the creditors?

    Or does the ttee keep it to cover court costs?

    #2
    yes, if you are an asset case they will take the monies and distribute it to your creditors, of course after putting approx 25% or so in their own greedy pockets.
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #3
      They can't pay those that don't ask for money. If claim bar date is passed I would think TT would have to give the cash back. I'm sure others more aware of asset case issues will chime in shortly.
      3/2/09- Filed: chapter 7 / No asset
      4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
      4/2/09- Trustee Report of No Distribution Filed
      6/24/09- Discharged and case closed

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        #4
        I believe the Trustee has two choices:

        1. Solicit late claims so that he can justify taking a cut.
        2. Return the funds to you (no cut) and close the case down.

        No way to tell what he will do. You will just have to wait to see what happens.

        Des.

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          #5
          If you're paying secured claims through the plan, your atty needs to file proof of claims for them when the bar date passes. Otherwise they won't be getting paid and their lien on the collateral will pass through bk unaffected. Likewise with priority or non-dischargeable claims.
          Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

          Comment


            #6
            Originally posted by MSbklawyer View Post
            If you're paying secured claims through the plan. . .
            Boo boo. OP is in a 7

            Des.

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              #7
              Lawyer fight

              My bet's on Des
              3/2/09- Filed: chapter 7 / No asset
              4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
              4/2/09- Trustee Report of No Distribution Filed
              6/24/09- Discharged and case closed

              Comment


                #8
                Originally posted by DebtEnder View Post
                Lawyer fight

                My bet's on Des
                I'll have to concede. I had the impression it was a 13.
                Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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                  #9
                  Oh wow - that is interesting. I was curious more than anything - I wonder how many times this actually happens?

                  Comment


                    #10
                    what????? that des says "boo boo"? well, i never LOL!!!!!!!

                    and i have never seen MI concede LOL!!!

                    and we got two of the tops here! when i was working for trial attys, i have seen one swing at another in the halls of a courthouse. but seeing "behind" the scenes in even very heated cases, i have seen them by the end of the day all having drinks and dinner the very same evening they punctured each others juggler veins that very afternoon in front of their clients and the court. all is fair in love and war, and law, after all
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment

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