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WE RECEIVED A NOTICE OF INTENT TO PAY CLAIMS AND AN UNSECURED CREDITOR FILED A SECURED CLAIM. WHAT DO WE DO?

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WE RECEIVED A NOTICE OF INTENT TO PAY CLAIMS AND AN UNSECURED CREDITOR FILED A SECURED CLAIM. WHAT DO WE DO?

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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.

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