Debt not included in Ch. 13 Plan

[greenthinker]

We are in a 100% payback plan with a little over two years to go. I have a debt from a payday loan that I defaulted on, that was overlooked and never included in the plan, even though I provided the attorney with the information. The attorney indicated that it could not be added to the plan at this point because the plan is confirmed and well past the claims bar date, so I would have to deal with the debt directly.

I made some phone calls and found out that the loan had been sold to a collection agency, and was subsequently sold one or two more times. When I called the company that currently owns the debt, they told me that the account had been closed due to the fact that I am in an active Ch. 13. Sounds like good news, but I am still concerned that this debt will come back to bite me after the Ch. 13 is discharged. Since this debt is not being handled by the BK, I don’t know what will bring it to closure. Is there anything additional that I should do at this point?

Would appreciate any advice…thanks!

[lillymarlene]

Depending upon your state, maybe there is some sort of "statute of limitations" on how long your debt can last. I'm sure others here with more experience would have some ideas.

I don't want to hijack this thread, but I also have an old past due water bill that was confused with an old business property tax bill, so it didn't make it into my chapter 13. I keep paying the current portion, but of course the city, though they don't ask for payment because of my chapter 13, keeps adding interest to the unpaid portion.

[BNKRPTinNC]

We ran into a situation where we received a bill from an accounting firm. We had gone back and forth on the bill and was told it was not ours so it was never added to the 13. Three years into the plan and received another bill. When we questioned the validity they got a bit peeved and said we were responsible and it didn't matter that we were in an active 13. Got in touch with our atty and for $26 added them to the plan. Don't know how this will end up in the end but unless they make a claim, which to date they haven't, they get nada.

So, in the middle district of NC anyway, debts can be added midway into the plan.