what if some creditors dont file a claim?

[helpsoneeded]

If they dont file a claim, does this mean you dont have to pay them back? If your in a 100% payback do you get money back in the end for the ones that dont file, or do they adjust your payments after the 90 days are up for them to file? From what i'm reading not all creditors file. Thanks and sorry for all the postings

[lrprn]

If they dont file a claim, does this mean you dont have to pay them back?

That's right.

If your in a 100% payback do you get money back in the end for the ones that dont file, or do they adjust your payments after the 90 days are up for them to file?

You're working backwards to how things actually run in a Ch 13. First, your monthly payment is determined by how much disposable income shows on your Means Test and Schedules. Once your case is confirmed, your monthly payment typically won't change. Next creditors either file claims or don't over the 90-120 days after you file. Then once it's known exactly how much has to be paid back, that's when you'll know how much your payback % is.

Your monthly payment is distributed in a very specific order:
- The trustee's plan administration fee gets taken out of your monthly payment off the top every month for the life of your plan
- If you are paying the remainder of your lawyer's fee in your plan, an amount is paid every month until paid in full
- Next your priority creditors are paid in full (IRS, etc)
- Next your secured creditors are paid in full (home, cars, etc)
- Last your non-secured creditors (credit cards, etc) are paid until they are either paid in full or your plan ends, whichever comes first.