I could not pay for an attorney so in the free consultation, he suggested I buy a nolo book as the next best alternative. I filed for chapter 13 and am making my payments. The book suggests I file a proof of claim if the student loan company doesn't because I have to pay for it anyways afterward.
The time frame for the student loan company filing it will expire next week based on what the "notice" the court sent me. Also, the trustee sent me a copy of the proof of claim form.
Am I suppose to file the proof of claim before the time frame expiration date given to the student loan company? Or am I suppose to file it after it expires.
I'm appalled at the bad answers to this question. If you want the student loan lender to be paid during the plan, someone has to file a proof of claim. If they don't do so in a timely way, you can -- per section 501(c) of the Bankruptcy Code. They must then object if the don't agree with the claim you've filed for them. But your right doesn't ripen until theirs expires.
You should, however, have spent the money for an attorney. Some of us are fighting and winning the battle to pay student loans per contractual terms as part of the Sch J expenses, because 1322(b)(5) gives debtors the right to maintain payments on long-term debts. As a pro-se, you are not going to be able to brief this issue properly.
Neither - it is not up to you to file a proof of claim for a creditor.
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It is up to the creditor to file a proof of claim. If they don't do this but you have properly listed them as a creditor with correct address information (so that the bank can serve them with a notice) they won't receive any money and they can't collect on the side from you while you are in a Chapter 13. Don't worry, chances are they will file the Proof of Claim, even if on the last day.
It is the creditor's responsibility to file a proof of claim once they are notified of the bankruptcy.
However, if the creditor has not filed a claim, and it is in your best interest for them to get paid through your plan, your first step should be to contact them and notify them of the bankruptcy and request that they file a claim. It is not necessary that they or you file it before the claim deadline because as long as you do not object to the claim after, it will get included in the plan.
If they still do not file a claim, you may choose to file the claim yourself, but ensure that you have the proper account and payment address information, and it is being applied to your debt appropriately. It will not be the courts responsibility to make sure that the money is being applied correctly. And, if the creditor later files a claim, you must object to it to ensure that they are not being paid twice on the same amount.
Hope this helps.
Legal disclaimer: Ms. Singh is a California-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Anudeep Singh or the Stone Haven Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
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