Can a Collection Agency file a claim on my Chapter 13 a year into my plan?

[Anonymous]

My background: Filed chapter 7 in October 2014. Discharged February 2015. Ran into some financial problems that finally hit a spike last summer, so I filed Chapter 13 in August 2019. Had my hearing of creditors at the beginning of October 2019. So I'm about 9 months into my Chapter 13 payment plan with two more years to go. (I'm on a 3-year plan with a low payment since I didn't owe much to begin with. I just couldn't afford to get my car repossesed). 

Today, I received a letter from the trustee saying that a collection agency has filed a claim in the amount of $1,200 on my plan. The letter indicates that they filed it more than 90 days after the meeting of creditors (is this some magic number?) and if I want to object to it, I can. Otherwise they'll start getting payment. 

Are they allowed to do this? I have a feeling one of my original creditors sold the debt to this collection agency. I e-mailed my attorney, but I haven't heard back from him yet, and I want to get another opinion anyway.

[Anonymous]

OBJECT IT! ASAP

[Mjhall85]

if it's a regular creditor then object it as they have 90 days if it's a government body they have 180.

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@Anonymous wrote:

My background: Filed chapter 7 in October 2014. Discharged February 2015. Ran into some financial problems that finally hit a spike last summer, so I filed Chapter 13 in August 2019. Had my hearing of creditors at the beginning of October 2019. So I'm about 9 months into my Chapter 13 payment plan with two more years to go. (I'm on a 3-year plan with a low payment since I didn't owe much to begin with. I just couldn't afford to get my car repossesed). 

Today, I received a letter from the trustee saying that a collection agency has filed a claim in the amount of $1,200 on my plan. The letter indicates that they filed it more than 90 days after the meeting of creditors (is this some magic number?) and if I want to object to it, I can. Otherwise they'll start getting payment. 

Are they allowed to do this? I have a feeling one of my original creditors sold the debt to this collection agency. I e-mailed my attorney, but I haven't heard back from him yet, and I want to get another opinion anyway.

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[Anonymous]

My attorney finally emailed me back. It was an Amazon store card that they sold to a collection agency and was refiled as an amended claim. Because my Amazon card was filed in my Chapter 13, he says it's fine. Does this sound right?

[despritfreya]

You need to discuss this with your attny. 

A Proof of Claim is deemed "allowed" until such time as it is objected to and the objection is sustained.  HOWEVER, in general, there is no reason to object to a late filed general unsecured claim UNLESS your Plan requires you to pay 100% of allowed claims. 

If you are not paying 100% of allowed claims why would you care who get a piece of the pie that was set up for general unsecured creditors?  That pie does not increase as a result of an additional claim.  The only thing that happens is the other general unsecured creditors get a little less of the pie since there is an additional mouth to feed.

So. . . are you paying 100% of all allowed claims?    If not, my guess is that your attny is going to tell you not to waste your time.

Des.