QUESTION
Can the bank file an unsecured claim in my new bankruptcy13 case?
Asked on Oct 28th, 2013 on Bankruptcy - California
More details to this question:
I had a car loan in 1990 with my bank. The car was repossessed and sold in 1993, then I filed BK7 and received a Discharge in 1994. Now I filed a Chapter 13 and the bank might file an unsecured claim in my new case. I thought that car loan was discharged long ago so I wouldn't have to pay it now.
14 ANSWERS
William Rhymer
Based on what you said, the bank should no longer have a valid claim unless you incurred debt with them after the filing date of the Chapter 7. Unless that is the case, you should file an objection to the claim.
Answered on Oct 31st, 2013 at 7:18 AM
David Thomson Egli
Anyone can file a claim. If the claim is filed, you need to object to the claim on the basis it was discharged in your prior chapter 7 case. Your attorney should handle the preparation and filing of the objection for you.
Answered on Oct 31st, 2013 at 7:16 AM
When you got your Chapter 7 discharge that discharged the car loan. So, that debt no longer exists and the lender cannot now file an unsecured claim in a subsequent Chapter 13.
Answered on Oct 31st, 2013 at 7:16 AM
If you had a prior Chapter 7 and the debt to the car lender was included in that bankruptcy, then they are not entitled to be a creditor in this bankruptcy. If they file a claim, and they might, your attorney should object to it based on the previous discharge.
Answered on Oct 31st, 2013 at 7:15 AM
Richard hirsh
I agree that if the debt was p previously discharged and you are now filing a chapter 13, that lender cannot recover anything. You might be entitled to sanctions against that lender. certainly the claim should be disallowed.
Answered on Oct 31st, 2013 at 7:12 AM
Debt Settlement Attorney serving San Diego, CA
at
Law Offices of Kathryn Tokarska
Update Your Profile
The debt should have been discharged. If there is a proof of claim filed in the chapter 13 (you or your attorney should be reviewing these as they come in) you can and should file an objection to the proof of claim. Caveat: Answers to questions online cannot replace actual legal advice or being represented by a lawyer in your case. There may be other undisclosed facts that could impact your results. A legal consultation with an attorney would involve disclosing quite a few other things about your financial activities and situation.
Answered on Oct 29th, 2013 at 2:42 PM
Deborah F. Bowinski
It sounds as though the loan was discharged in the chapter 7 so the lender should not file a claim in your current chapter 13. If they do file one, you should probably object to it. I hope you have an attorney in your chapter 13 - that is who you should be asking.
Answered on Oct 29th, 2013 at 2:40 PM
Bankruptcy Attorney serving Buford, GA
at
Kenneth A. Parker, PC
Update Your Profile
If the debt was listed in your 1990's chapter 7 and you received a discharge, then no claim should be filed. If a claim is filed, you would most likely need to file an objection to the proof of claim. In the event they do file a claim, your objection should state that the debt was discharges AND the statute of limitations has passed on the debt.
Answered on Oct 29th, 2013 at 2:39 PM
They can always file a claim, but you should be prepared to object to this claim because it was discharged in your prior bankruptcy and also barred by the SOL.
Answered on Oct 29th, 2013 at 2:31 PM
2 Awards
Bank would not have a valid claim. If they file a claim you should object to it.
Answered on Oct 29th, 2013 at 2:30 PM
Bankruptcy Attorney serving Overland Park, KS
at
Wellman Law LLC
Update Your Profile
Based just on the facts you provided, the debt would have been discharged in the prior case. Therefore any claim filed for that loan should be objected to on that basis.
Answered on Oct 29th, 2013 at 2:30 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
They should not be able to file in the current case.
Answered on Oct 29th, 2013 at 2:30 PM
Bankruptcy Attorney serving Walnut Creek, CA
at
Alan E. Ramos Law Offices
Update Your Profile
If the bank files a claim that you believe was discharged in a prior bankruptcy, you can file an objection to the claim indicating that the claim was discharged. The bank would then have to tell the court why it believes that the claim is still valid. Most likely, they would just withdraw their claim.
Answered on Oct 29th, 2013 at 2:22 PM
3 Awards
It should have been discharged in your Chapter 7 bankruptcy. If they file a claim in your Chapter 13, you can file a successful objection and have the court deny the claim.
Answered on Oct 29th, 2013 at 2:21 PM