motion to allow additional claims after deadline

[jjjcmjlr]

What is the name of your state? NY
WE filed a CHapter 13 in APril 2005, In October 05 we received a motion to allow claims that listed a few "not filed" Our attorney office said that the deadline had passed so the allowed claims would be the creditors to be repayed. On December 16, 2005 we received a MOtion to Allow Additional CLaims that included one that was on the Not FIled list in October. This time it seems to be thru a settlement company that we had never heard of... My question, can these creditors just apply for these motions to allow after the deadlines are past by passing these accts off to a settlement company. We thought that filing BK stopped any progression in debt collecting. Also, can the percentage we agreed that we were to repay be increased during the bankruptcy? Thanks for your help, we thought we had a good handle on all of this.

 

[Ladynred]

My question, can these creditors just apply for these motions to allow after the deadlines are past by passing these accts off to a settlement company.

No, they can't. Since the deadline is LONG past for filing claims, your lawyer can and should object to these motions. Its up to the Trustee and the judge to decide whether or not they'll allow claims long after the dealine has past.

We thought that filing BK stopped any progression in debt collecting.

It does - and they're not 'collecting'. They're trying to get some piece of the pie of your Ch 13 plan.

Also, can the percentage we agreed that we were to repay be increased during the bankruptcy?

Yes, it could also go down if your circumstances make a change for the worse.

 

[jjjcmjlr]

thanks for the reply. Our attorney advised us to leave it alone since as it appears right now, our bankruptcy will still end faster than we anticipated when she checked the trustees web information about the projected dismissal date. SHe also said that she doubted any others would file late so it was best not to upset the apple cart with objections.