WE RECEIVED A NOTICE OF INTENT TO PAY CLAIMS AND AN UNSECURED CREDITOR FILED A SECURED CLAIM. WHAT DO WE DO?
Immediately contact our office, in writing and notify us of the situation. Otherwise, please set up an appointment for a free consultation and direct our attention to the error. If your creditor has filed a secured claim for an unsecured debt, then that creditor is not discharged in a Chapter 13 and it will appear as “Pay Direct – not provided for in the plan.” Arguably, this creditor can sue you unless we object to their Proof of Claim. This is a dangerous situation and you must immediately notify us if you detect an unsecured creditor filing a secured claim. Review your documents sent to you by the Trustee and tell us if you notice a problem. We will handle the situation after written notice or after an appointment is made discussing the situation. As always, when in doubt, call our office to resolve any potential problems.
Related Questions
- I received separation pay (or severance pay, wages in lieu of notice, vacation pay, etc.). When should I file a claim?
- WE RECEIVED A NOTICE OF INTENT TO PAY CLAIMS AND AN UNSECURED CREDITOR FILED A SECURED CLAIM. WHAT DO WE DO?
- I received separation pay (or pay, wages in lieu of notice, vacation pay, etc.). When should I file a claim?