Originally posted by mama2three
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Not Sure What this Claim Indicates
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So, Mo3 - Did you do a ride-thru, or did you have to serve them with the Reaffirmation Agreement?
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Almost all secured lender will file a Claim in a Chapter 7 regardless of any No Distribution. This is just standard practice. You may also find, that some bottom feeder Junk Debt Buyers (JDBs) -- but I repeat myself -- will also file claims for unsecured debt. Looking for crumbs.
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I think Ford automatically files a proof of claim in all bk cases so their claim is protected just in case an asset pops up. They filed one in our case for the remaining balance.
They never sent a reaffirmation agreement to us either. I wonder if they are changing their stance on ride-throughs? They filed their proof of claim within two weeks of us filing
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Howver, it doesn't matter what they are/are not doing. I'm going to fill out and serve those buttheads with the Reaffirmation Agreement myself on Monday! Just like everything else, if you want it done right - do it yourself!
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It makes sense, because if they don't stake their claim, my car debt gets discharged. (at least that's what makes sense to me). And then, they can send the agreement and we can sign it and be done. (my keyboard to God's ears...) :-)
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I wish I understood more about chapter 7 to tell, you but I really don't. It's apparently a completely different beast than the 13 I am dealing with. In the 13, the creditor has to file a claim in order to get a distribution. I have no idea why a creditor would file a claim in a chapter 7 no distribution case.
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Not Sure What this Claim Indicates
I checked Pacer today to make sure my debtor education info got filed (yes), but I noted that Ford Credit filed a claim for the balance on my car loan. Because the report of No Distribution indicated all my debts were about to be discharged...
At least they're paying attention, because as nice as they are on the phone, and as many times as they've promised to send the Reaffirmation Agreement to me, I haven't recieved it yet.
I think the filing of the claim means they'll be getting that document right out to me. Or, I hope that's what it means.Tags: None
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