If my sister filed a loan due to me on a chapter 13, may I include 3 years of interest on my claim? 15 Answers as of August 27, 2014

I loaned monies via credit card and she has filed a chapter 13 bankruptcy including me as a creditor. Since the agreement was to bill my credit card, may I include 3 years interest when I file my claim? The chapter 13 is to extend for the next 3 years.

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Interest at whatever was agreed to in writing. If there is no writing, that may be tricky.
Answer Applies to: Colorado
Replied: 8/27/2014
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
You can include whatever interest is authorized by your loan agreement with your sister up until the date the Chapter 13 case was filed.
Answer Applies to: California
Replied: 8/26/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
It sounds like your debt is unsecured. You will receive whatever is left over after priority and secured debt is paid.
Answer Applies to: Minnesota
Replied: 8/25/2014
Ronald K. Nims LLC | Ronald K. Nims
You can claim only the amount which is owed on the date she filed bankruptcy. So all the interest which was earned before the filing would be included but nothing for interest after the filing.
Answer Applies to: Ohio
Replied: 8/25/2014
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
You may include interest up to the date of the filing of her bankruptcy so long as the contract you have with her allows for interest.
Answer Applies to: Nevada
Replied: 8/25/2014
    Stephens Gourley & Bywater | David A. Stephens
    Yes, as long as interest was agreed to.
    Answer Applies to: Nevada
    Replied: 8/25/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Not unless you had a written agreement for interest.
    Answer Applies to: New York
    Replied: 8/25/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    That depends on your loan agreement and the terms of her filed plan. If your loan agreement included interest at a certain rate, then your claim could include interest from the date of the loan to the date of her bankruptcy. From there, her plan would say whether you would get interest. In most cases, unsecured debt does not.
    Answer Applies to: Oregon
    Replied: 8/25/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Sure, if the loan provided for the payment of interest, file the claim for the full amount owed to you.
    Answer Applies to: Nevada
    Replied: 8/25/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    The answer is Yes. Fill out and file the Proof of Claim. I would also serve the Chapter 13 trustee with the Proof of claim. Calculate what is owed to you on the date they filed the Chapter 13. You will be paid the same percentage as the unsecured creditors, pursuant to the terms of the plan.
    Answer Applies to: California
    Replied: 8/25/2014
    Wellman Law LLC
    Wellman Law LLC | Keith A. Wellman
    It's the amount owed at the time the Bankruptcy was filed. You do not figure future interest into balance owed at filing. There is a place in the Proof of Claim to list interest rate. Practically speaking, interest rate is not relevant in the majority of claims. Because unless there are facts going toward non-dischargeability (and a complaint filed etc.) and unless the claim is secured, you will be getting 0% interest. To go even further, there may be a partial dividend, or no dividend, to general unsecured claims anyway. This is because unless it's a "100% plan" you would not be getting the full amount owed. There should be a clause in their Plan that states what each type of creditor is to receive. The Trustee may be willing to explain what will be paid out to you under the terms of this plan, so you might give their office a call. Court clerks might be willing to answer very specific questions about Proof of Claim drafting as well and that's the general nature of your question.
    Answer Applies to: Kansas
    Replied: 8/25/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, the past due interest is apart of your claim. On going interest is not.
    Answer Applies to: California
    Replied: 8/25/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You are allowed to claim the interest due to the date of her filing as part of your claim.
    Answer Applies to: Michigan
    Replied: 8/25/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes you can, but you will be an unsecured creditor, so will get only whatever percentage the other unsecured creditors get.
    Answer Applies to: Michigan
    Replied: 8/25/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You can include interest up to the day that the bankruptcy petition was filed, but not beyond that date. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.
    Answer Applies to: California
    Replied: 8/25/2014
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