Q: I filed chapter 13 bankruptcy and I included my auto loan in the plan but capital one still haven’t filed a proof of
Claim and it has reached the deadline can they still file a late claim to continue to make payments threw my bankruptcy or what will happen
A:
A debtor has the option of filing a Proof of Claim for a debtor, and it sounds as if you should do that, so that plan payments flow to the secured creditor. The Chapter 13 Trustees pay on filed Proofs of Claim.
Of course, you should confer with your bankruptcy attorney first before taking action, but do so as soon as possible, as you have a limited time.
Anthony M. Avery and Timothy Denison agree with this answer
A: If Capital One has not filed a proof of claim for your auto loan by the deadline in your Chapter 13 bankruptcy, they may potentially lose their right to participate in the distribution from the bankruptcy estate. However, there are circumstances under which a creditor can file a late claim and still be allowed to participate if, for example, the delay was due to excusable neglect. If the creditor does not file a claim at all, the debt may be discharged at the end of your Chapter 13 plan, provided you complete all plan payments. To ensure your rights and plan remain intact, and to understand how this may affect your case specifically, consult with your bankruptcy attorney. They can provide guidance on how to proceed and whether you should file a claim on behalf of the creditor, known as a "deemed filed claim," to maintain the terms of your plan regarding the auto loan.
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