Memphis, TN asked in Bankruptcy for Tennessee

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

Related Topics:
3 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

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.

Timothy Denison and Anthony M. Avery agree with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: File your own proof of claim for thrm.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.