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Creditor failed to file proof of claim

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    Creditor failed to file proof of claim

    I am halfway through a 5 year chapter 13. An unsecured creditor is reporting monthly as a collection and steadily increasing the balance. After checking my payment schedule, I found out that they did not file proof of claim and are not part of my repayment plan. They were included as a creditor when I filed. Has anyone run into this? Should I dispute this somehow, or just wait for it to hopefully fall off after discharge? Ideally I would like to see them at least stop reporting. I have reached out to my attorney for advice and awaiting a response, but wanted to see if others have experienced this issue.

    #2
    This happens, but people usually realize this very early in the Chapter 13 (within the period before confirmation). You will need to contact the creditor and tell them, without letting them hang up, that you are in a Chapter 13 and you have been since XXXXX. You tell them the case number and court. They may try to hang up, but saying that you're in Chapter 13 (bankruptcy) is enough to put them on notice!

    I might also write them a letter to not only stop reporting but to use eOSCAR to immediately remove the tradeline from all credit bureaus.

    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.

    Comment


      #3
      Thank you! I’m not sure why I didn’t notice this much sooner. I appreciate your help and will take the steps you advised.

      Comment

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