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Bank fails to file a claim in bankruptcyIn Ohio.
Q. I recently filed for chapter 13 bankruptcy in Ohio. I had 2 motorcycles financed with the same bank. One of them was to be surrendered and the other one paid through bankruptcy. It has been over ninety days since the meeting of the creditors and the bank hasn't filed a claim for either of them. My bankruptcy handbook states that creditors only ninety days to file a claim. Out of $34,000 I listed in bankruptcy, the total of the claims filed was $11,000, go figure. I'm in a 26% repayment plan, so out of the $11,000 less than $3000 is scheduled to be repayed towards those claims (all unsecured). I checked my credit report to see how it was being reported, and they both are listed as charge offs. I talked to my lawyer and he told me that I should file a claim for them so they could get paid and I could get the title. Since the bank is obviously not very smart, or just needed a tax write-off, wouldn't it make more sense to convert to a chapter 7? My lawyer told me that I must stay in the bankruptcy plan for at least three years. If I'm paying $284 monthly, how can I stay in bankruptcy for three years with less than $3000 scheduled to be paid? I know I will probably never be able to get a clear title on either bike, but if they 'charged them off' and didn't file a claim, what is the likelihood that they ever will come get them? One is for $9000 and the other is for $6000.
A. You will get better advice from your lawyer than anyone in this newsgroup. You could try posting this in the alt.bankruptcy newsgroup. More people there would be likely to know the answers to your questions. "nit2winit007"
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