Question about creditor not filing a claim...

What is the name of your state? PA
What happens when a secured creditor does not file a claim before the creditors meeting or even after that? Cab they come and try to collect while the automatic stay is still in place? Aren't they out of luck if they don't do their part within the time the courts allow them?

[Ladynred]

Absolutely NO collection activity is allowed while the Automatic Stay is in place.

Creditors have the 60 days AFTER your 341 to file their claim. If they do not object by the time you get your discharge, then they usually ARE out of luck.

Thank you for your answer Ladyinred, but this is on a chapter 13 bankruptcy and the company never filed a claim , not for the creditors meeting , and not after that, but they have charged off the debt as "non performing" when in fact we have continued to make all the payments.
Does it make any difference? Can they still object past the 60 days on a chapter 13? This is 4 years old now.
The first time they charged it off two months after the bankruptcy was filed ( a month after the 341 meeting ) and the second time ( I don't know how they did this ) they charged it off this month.
I don't know how they can do this , and I don't know how they can charge something off as "non performing" when every single payment has been made. I'm taking all this to my lawyer today but he takes forever to get back to us.
The way we found about the first charge off was when we pulled a credit report last month, but this week they sent us a letter notifying us of the second charge off for the same account and it clearly states they are attempting to collect a debt.

[Ladynred]

After 4 years, if a creditor hasn't made a claim then I'm certain they're S.O.L.

As for the charge-off, they can only do that ONCE, by law.
Has this creditor been getting money, at least the full minumum due, since you started your CH 13 ? If so, then the charge-off makes no sense... it wasn't a 'non-performing' account.

Thank you very much ladynred, you are right, this lender has been getting regular full payments since the bankruptcy took place, in August 1999, the 341 was in September 1999 and the lender ( not the court ) charged off the loan the first time in October 1999 ( at least that's what's reported on the credit report). Then they continued to take our full payments every month until now , the lender has charged off the loan again on 8/7/2003 and sent us a notification.
We are clueless as to what they are doing and why, ordinarily if we had missed a post petition payment, the right thing to do would be file a motion for relief from stay , but they can't do that because no payment has been missed.
The funny thing is in December 1999 they filed a complaint for foreclosure ( without filing for relief from stay ) and when our attorney sent them a letter and advised them about the bankruptcy , they dismissed the foreclosure themselves and nevr heard anything else until now. I don't think they know what the heck they are doing!