How are the claims of creditors handled under Chapter 13?
Unsecured creditors must file their claim with the Chapter 13 Trustee within 90 days after the first date set for the First Meeting of Creditors in order for their claims to be allowed. Government agencies have 180 days from the date of filing to file their claims. If an unsecured creditor fails to file their claim within this time period, the Trustee will bring a motion objecting to the late claim. If the claim is disallowed or not filed, then the creditor will not be paid by the Trustee and the debt will be discharged or canceled upon the completion of the plan. A secured creditor can file a claim at any time while your case is open. A creditor must file a claim in order to be paid. The Trustee pays the amount claimed by the creditor, not the amount you state in your petition. If you disagree with the creditor’s claim amount, you should contact your attorney. The debtor may file a claim on behalf of a creditor if he or she wishes to do so. A creditor may file an amended claim increas