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ch 13 creditors not filing

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    ch 13 creditors not filing

    filed 1-2-2007 confirmation hearing 8-15-2007....

    out of 89 creditors only 20 filed claims.... i do not understand this though....

    Q: can they still file a claim AFTER everything has been confirmed?

    Q: will i receive a refund seeing i am paying for the creditors as they did file a claim?

    Q: do i have to keep paying the same amount the whole time or will they down it once they see them not claiming the money.


    i am like most of you, have cc debt and also med billls up the po-po none of them made a claim though lol only irs and state tax, thats it! o and a phone book co.... so will my payments come down soon?

    #2
    o im paying 21% for paybacks

    Comment


      #3
      Originally posted by papa0881 View Post
      filed 1-2-2007 confirmation hearing 8-15-2007....
      That's a long time between filing and your first confirmation hearing, papa - did you have trustee or creditor objections to deal with after you filed last January? Was the 8/15 hearing your second confirmation hearing?

      Q: can they still file a claim AFTER everything has been confirmed?
      Non-government creditors can file claims for 90 days after your 341, government creditors have 120 days. After this, the door closes and no one can file claims unless they can prove to the court that they deserve to file late - that they weren't notified in a timely fashion, for example. This is very unusual and most judges are tough about allowing late claims unless there is a legitimate reason.

      Q: will i receive a refund seeing i am paying for the creditors as they did file a claim?
      There's no "refund" involved here no matter how many creditors file or don't file claims. What happens is that your confirmed monthly payment goes to pay all your creditors that do file claims until those creditors are paid in full or you make payments for the number of months your plan is to run - whichever comes first.

      Q: do i have to keep paying the same amount the whole time or will they down it once they see them not claiming the money.
      No matter how many creditors file claims, you still pay the monthly payment amount that was confirmed until the creditors who do file claims are paid in full or you make payments for the number of months your plan is to run, whichever comes first.

      ...will my payments come down soon?
      The only reason your payments will come down is if there's a long-term, significant decrease in your income or a long-term, significant increase in your expenses. Then and only then can your lawyer file an amended plan to request a reduction in your monthly payments.

      Sorry....I doubt any of this is what you were hoping to hear
      Last edited by lrprn; 09-10-2007, 06:10 PM.
      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

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