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Confused....advice please

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  • Confused....advice please

    I'm 2.5 years into my 5 year 100% pay back chapter 13. I pay approx $700 per month. I have a previous chapter 7, making me ineligible for discharge.

    My secured creditors have approx $1500 left to be paid to them. I have received a letter from my only unsecured creditor stating that they are paid in full at $7000, but originally claimed $22,000 owed.

    Technically, after my secured creditors are paid in full, and with the only unsecured showing paid in full, I will no longer owe anyone anything. When presenting this to my lawyer, he's at a loss. He thinks the trustee will continue to make me pay monthly for the remainder of the 5 year plan. Then refund ALL that money.

    Has as anyone heard of anything like this? With me not being able to discharge, what in the world could happen? In the next few months, I would have paid all of my creditors, both secured and unsecured at 100%. Well at least according to their records.

  • #2
    This just seems strange and you'll need to get a better answer from your attorney than they are at a loss. Perhaps your attorney can contact the Trustee for a buyout price. You do not need to be in a Chapter 13, discharge or not, if all the creditors are paid. The purpose of the Chapter 13 is not to line the pockets of the Trustee.

    It's strange, though, that you won't get a discharge, but your creditor things that they are paid. I think the confusing part is that your Chapter 13 should pay 100% and you still have $15K just for that creditor... according to my calculation. It should be based on your 5 years or 100% of your "allowed unsecured claims" whichever you reach first. You also need to factor your Plan Base. Now your may be within $1,500 of your Plan Base, but if you were over-the-median and your plan base was somehow less than 100%, then you'll need the Trustee to figure that out.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      Once you have confirmation that the unsecured creditor has been paid in full ($7k vs. $22K) have your attny contact the creditor and get the creditor to either amend or withdraw the proof of claim. Once all "allowed" claims are paid in full the case will end.



      • #4

        After much back and forth, my secured debts are paid in full, with letters sent to the Trustee stating that. Plus my unsecured debts have been paid the 5% agreed upon.

        If I’m understanding correctly, law states that even though the terms of the original BK were fulfilled (100% to secured and 5% to unsecured) and my 5 years aren’t over, I still must continue with monthly payments to the Trustee for the unsecured portion of my debt. This is until everyone is paid at 100% or the 5 years are complete.

        I have approx. $2700 (unsecured debt) total left to pay between my car and a medical bill.

        I have no problem with this and want to pay everything I owe. BUT, nothing else has been paid towards the remaining debt!!!!!!! The Trustee has been receiving payments from me and now has almost $4000 in hand, with about $700 that hasn’t posted yet. PLUS, she refuses to just pay what’s owed in a lump sum, even though they have it sitting there. She wants to just make the minimum payments, for about two more years.

        Since changing jobs this month, I chose to no longer have payments automatically deducted. My lawyer says that I can 1) Ask for a change in how much I pay monthly, to something like $100/month for the remainder of the plan. 2) Wait it out and be automatically dismissed for non payment. Or, 3) Voluntarily dismiss and just pay the remaining $2700 myself. (all at once, b/c I have that in savings)

        I’m torn b/c on one hand the “protection” would still be in place if I stay in the plan. On the other, what will a dismissal look like to future creditors. What I’ve read, it’s viewed as a bad thing. If I’m dismissed for non payment, I WILL BE PISSED!!!!! But if I initiate it myself, which I’m prepared to do, it will still be a dismissal. I hope to purchase a house in the next year and need to replace my car soon.



        • #5
          Oh...and I’m not eligible for discharge.


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