Hello, this is Jeff Kelly and Today is June the 15th 2020. And today I want to talk about how to protect yourself from theft in a chapter 13 with NDC.org.
Every active chapter 13 debtor should open an account with NDC.org, the cost is free, but the information you see could be worth a lot of money and save you from theft. Having an account with NDC.org will allow you to see every single proof of claim that has been filed in your bankruptcy case and it will also allow you to verify that your chapter 13 payments are being received by the trustee.
Years ago I had a client whose employer took money from her paycheck, but never sent it into the trustee. We caught the error and had to sue the employer to get the money paid. Having an account with NDC.org allows you to catch stuff like this. Proof of claim is a form signed under oath, with supporting documentation that a creditor must file in a bankruptcy case in order to get paid. The proof of claim will tell the trustee the type of claim and the amount owed.
If a creditor fails to file before the deadline in your case, they won’t get paid anything. For example, let’s say you had a car repossessed a few years ago, and owe the car creditor $10,000. If they fail to file a proof of claim on time, you will not have to pay that $10,000.
Let’s change up the facts a little bit. Let’s say you owe the IRS $10,000 of tax credit that we cannot eliminate in bankruptcy. If they don’t file a claim, we may want to file one on their behalf to make sure they get paid in your case. While it is rare, sometimes a creditor will accidentally file a claim in the wrong place. In theory, if no one ever notices a wrong claim, could get paid and cost you a lot of money.
In my bankruptcy firm, we review every single claim filed in our clients case. At the same time, we also encourage all of my clients to open an account with NDC.org and double-check as well. The fact that many bankruptcy claims get sold can create a lot of confusion for clients, and they can be solved while your case is going on. So you may look online and see the claim of a holder that you’ve never heard of before. If this happens, it’s a good idea to call us and we’ll pull the proof of claim for you and make sure that it’s accurate.
If an inaccurate claim is discovered, we will first contact the person that filed it and notify them of their error. If the offending filer ignores us, which usually happens most of the time. We will then file what’s called an objection to the proof of claim, the debtor will then need to attend the hearing with us testify to the judge that this claim is bogus.
NDC.org states that you could open up an account online in less than five minutes. All you need to set up your account is your full legal name, your bankruptcy case number, the last four digits of your social security number, your trustees name, and the list of creditors and your bankruptcy case. The benefits of setting up an NDC account are you get access to your chapter 13 bankruptcy information online. There’s helpful answers to frequent questions. There’s a you get access to a quick glance at the page and save yourself a call to your lawyer provides you with the information you need to stay informed about your bankruptcy case. Keep yourself on track during your payment plan and ensure that you’ll have no surprises. In conclusion, if you’re in a chapter 13 right now, go get your account in NDC.org set up as soon as possible. Thank you.
Transcript: Hello, this is Jeff Kelly bankruptcy attorney. And today I’m going to talk about can you marry someone who is about to file bankruptcy? And the answer is absolutely not. It’s not legal. Just kidding, of course. Just kidding. Just kidding. Relax. I know marriage can be a super scary proposition. You’ve got in-laws on the other side. You’ve got new potentially new brother in law’s and sister-in-laws. And now you’ve got more pressure on Thanksgiving and Christmas, and on and on and on. And then what happens if you also find out oh my gosh, the love of my life is loaded down with tonnes of debt. What should we do? Well, I think the worst thing you can do is to try to talk them out of filing bankruptcy. I think filing for bankruptcy might be the the best thing you can do to help get your marriage off to a nice fresh start, get rid of that stuff if you can. If you wait until after the wedding takes place, then the income of both spouses will count on the bankruptcy means test. So in other words, if you are a high-income earner, you could end up disqualifying your future spouse from being eligible to file bankruptcy if they need to, if you wait until after the wedding. However, if a person has high income, and they need to file bankruptcy, and the person they’re going to marry has no income in that particular case, it might make sense to wait until after ...
Transcript: Hello, this is Georgia bankruptcy attorney, Jeff Kelly and this evening I am going to talk about a motion for relief. Okay, if you are in an active chapter 13 case, and you receive a motion for relief, as a general rule, this is not a good thing. Let me tell you why. Let’s say you are in a chapter 13 and you are making payments on your house, but you know, hours get cut back at work, maybe some type of emergency pops up out of nowhere and you miss a few payments. Well, the creditor is going to respond by filing a motion for relief. Basically, a motion for relief from the automatic stay is a request from a creditor to the bankruptcy court for permission to take back collateral. In other words, if the creditor has rights to your house, they want permission to get out of bankruptcy court and start foreclosure. proceedings. Oftentimes we’ll have a client, they’ll come in and they say, Well, you know, I’m not sure I buy all this stuff about how chapter 13 protects you because I had a friend who filed, but they still lost their house. How does that happen? Well, here’s how it happens. Somebody files chapter 13. They put the IRS in the plan, and all they have to do is make the future mortgage payments. But like I said earlier, sometimes things happen. And when you miss ...
Transcript: Intro Speaker: It’s time for Kelly can help hosted by Jeff Kelly, Attorney along with the law office of Jeffrey B. Kelly. And now here’s Jeff Kelly. Jeff Kelly: All right, got David lovebirds our show today. David, what I’d like to do is introduce you to my clients and my listeners. And if you don’t mind, just tell us a little bit about yourself and your practice and your area of specialty. David Blevins: Well, it’s good to be here, Jeff, it’s good to be here. The I’ve been practicing for 35 years all here in Dalton, I got out of the University of Georgia law school. My practice now consists of really two areas of emphasis. I do car wrecks and personal injury, which is what I’ve traditionally done for 34 years. But in the last five or six years, in particular, I have done a lot of probate and estate work. And I’ve done probate litigation. And you know, I kind of backed into it, you know, I never plan to do this. But my wife, we practice all together. From the 80s. After I first child was born, she was practicing in Chattanooga, but she was the probate lawyer. And I had a large probate practice. And so in cases we go sour, I was doing litigation. So she would say I would just come into the office and and be a file on my desk. And pretty soon I realized that was a probate case and now needed litigation. So that’s kind of how I learned to do it. And I’ve been doing ...