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Don't understand why Toyota Financial filed a PROOF OF CLAIM 3 weeks after my chapter 7 discharge & case closed

Riverside, CA |

The vehicle was marked as surrender on the petition. Case was closed a few weeks ago. Now I see a Proof Of Claim was filed alleging $18k in UNsecured debt. What is this all about? What do they want? Do I need to respond?

My case was closed and still shows as closed so I am very confused.

What else is weird is that the box marked "Amends" is marked and says "previously filed claim dated 02/01/10; What in the world are they talking about. I hadn't even filed yet as of that date. PLEASE HELP.

Attorney Answers 3


Toyota screwed up is what it means. If your debt to them was discharged they cannot collect for balance owed. All they can do is get car back.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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The reason this happened is that Toyota appearrs to have hired inexperienced people who don't know what they are doing to file their proofs of claim.

As a result, they get what they pay for.

If you think this is bad, you should see the claims that the mortgage companies file!

Why did you post this question twice?

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I agree with attorney Fink's answer. In my bankruptcy work I have recently encountered issues with this particular creditor. If you wish, contact them to discuss it. If you do not wish, then ignore it. It will go away.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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