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2 new bills show up AFTER 13 Confirmed...Pay or add in plan?

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  • 2 new bills show up AFTER 13 Confirmed...Pay or add in plan?

    Im sure this has happened to someone else, hoping for some advice...
    I filed back in November '10, and thought all bills were included. Rental property was surrendered at the time, and submitted with all paperwork were bills from the home owners association and utility company. Now almost 6 months later, both have sent me notices for deliquent amounts owed stemming back from before the time I filed.

    I called each up notifying them I filed and I thought they were included, and both said they had no notice on their side saying they would be included and I had to work something out with them.

    I remember when I filed my lawyer said something to the effect that if we missed a creditor they could add them in but there would be an addtional cost. Has anyone had to do this before?
    Ch 7 filed 8/15/11 341 9/22/11 Discharge 11/28/11
    The rebuilding begins

  • #2
    #1. Check pacer to see if they are listed as creditors. Just because they say they never received notice doesn't mean that they weren't included. They may have even been notified and simply filed the notice in the circular file.

    #2. If you submitted the bills to your attorney and your attorney didn't include it in your filing, he should not be charging you extra to go back and add them in now. His error = his cost.
    Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
    0% payback to unsecured creditors, 56 payments down, 4 to go....

    Comment


    • #3
      Originally posted by jetsfan2010 View Post

      I remember when I filed my lawyer said something to the effect that if we missed a creditor they could add them in but there would be an addtional cost. Has anyone had to do this before?
      It happens on a fairly regular basis. It won't cost much to have your lawyer add them to the filing and plan, so you should do it. Otherwise, those debtors did not have the opportunity to participate in your plan and will be looking for you after your chapter 13 discharge.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

      Comment


      • #4
        Originally posted by frogger View Post
        It happens on a fairly regular basis. It won't cost much to have your lawyer add them to the filing and plan, so you should do it. Otherwise, those debtors did not have the opportunity to participate in your plan and will be looking for you after your chapter 13 discharge.
        Thanks for the clarity. I called my lawyer today and he said he did not have their info when I filed, though i KNOW i gave it to him. go figure lol.
        Ch 7 filed 8/15/11 341 9/22/11 Discharge 11/28/11
        The rebuilding begins

        Comment


        • #5
          I filed back in November '10, and thought all bills were included.
          For what its worth, the same thing happened to me. I filed the end of November and then found a creditor, that I'd forgotten about. I added it on, since it was over $900. My attorney charges $250 to add a creditor, per creditor! I guess this is because is because (maybe this varies by district) my attorney had to send notices to all my listed creditors again.

          Since then anything "small" that has occurred after filing, I've decided to deal with on my own. For example, I just cleared up a 2010 business property tax bill for $400, that I had not listed. I figured it was not worth it having to deal with my attorney and pay his extra:-)

          Comment


          • #6
            Anything owed to the two creditors *before* filing can be included in your plan. Anything you owe the two creditors that happened *after* filing cannot be included in your plan. Discuss this with your lawyer.
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment


            • #7
              I added a couple afterwards and was only charged the court cost of $25 each to add. Pushback on your attorney.
              19% dividend

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