you file chapter 13 have 2 loans not past due not included in the case. can creditor file a proof of claim?

Question

a provision was placed in the bankruptcy papers that states that those two loans would continue to be paid as a payroll deduction as they have always been

Answer 1

You are REQUIRED to include ALL of your debts in your bankruptcy petition. You can't decide just to not include a few of your debts. In a chapter 13, however, you can decide to pay some secured debts outside of your plan. Your lawyer should have explained all of this for you.

So, those 2 creditors are allowed to file claims, since you tried to not include them.

Answer 2

Absolutely. They are in fact a "creditor." They want to see your proposed plan to be sure they are included either thru the Plan or outside.

If you provide payment to them outside the plan, your Schedule I or J (expenses) should show that you intend to maintain those payments.

If your budget or plan payments don't provide for them, they can object to your plan and send your case to the contested docket.

However, if these two loans are unsecured, then you won't have a choice because you cannot favor one creditor over another in the same category.

Answer 3

I work for a Credit Union, as a Loan Officer/Collections (which is like a bank). If you reaffirmed with them then I don't think that they can file a proof of claim. It really depends on the bank. You really need to ask your attorney for this information to get the correct answer.

Answer 4

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