Ready to Amend Plan, But no Claims Filed!

[swamprnr]

I'm in an interesting position and my attorney has told me he isn't quite sure what to do so he's "looking into it". The claims bar date has passed and there have only been two claims filed - both secured creditors. I have since surrendered the property associated with those claims. I listed eight unsecured creditors in my petition but, again, none filed claims before the bar date - or after the bar date. What will my chapter 13 plan look like now if there are no claims to pay? Should I ask my attorney to motion for a discharge? Also, I have been paying into the initial plan that was filed. What becomes of that money, since no creditors filed claims to disburse it to? Thanks ahead of time for any advice.

[lrprn]

I'm in an interesting position and my attorney has told me he isn't quite sure what to do so he's "looking into it". The claims bar date has passed and there have only been two claims filed - both secured creditors. I have since surrendered the property associated with those claims. I listed eight unsecured creditors in my petition but, again, none filed claims before the bar date - or after the bar date. What will my chapter 13 plan look like now if there are no claims to pay? Should I ask my attorney to motion for a discharge? Also, I have been paying into the initial plan that was filed. What becomes of that money, since no creditors filed claims to disburse it to? Thanks ahead of time for any advice.

Wow!! You are the luckiest Ch 13 filer alive!

Don't ask to dismiss - that reactivates all the debts you listed when you filed and you'll become responsible for payingthem with interest and penalties to boot. Just keep makibg your payments until the legal minds figure out what to do - you'll get back any extra you pay in once your case is successfully discharged. And please keep us posted about what's decided in your very unusual situation.

[dingdong]

Wow!

The Karma dudes are on your side. Here's to wishing you a super short and very sweet 13 and discharge!

Goes to show you how screwed up our healthcare system is, at least they screwed up in the patients favor for once! ( Not filing claims)

I had to take my daughter to the ER for something that turned out to be very simple, all they did was give her a pee test and charged me 1000.00! I gave them our Blue Cross cards twice and they are still sending me statements for 1000.00.

[Flamingo]

Wow!

The Karma dudes are on your side. Here's to wishing you a super short and very sweet 13 and discharge!

Goes to show you how screwed up our healthcare system is, at least they screwed up in the patients favor for once! ( Not filing claims)

I had to take my daughter to the ER for something that turned out to be very simple, all they did was give her a pee test and charged me 1000.00! I gave them our Blue Cross cards twice and they are still sending me statements for 1000.00.

Not to change the subject for the OP but just a quick response to the last paragraph above, note you were charged $1,000 by the ER but what the insurance will pay for that visit under contracted rates if the hospital is a provider for your insurance company is probably about 1/3 of that amount.

[swamprnr]

Wow!! You are the luckiest Ch 13 filer alive!

Don't ask to dismiss - that reactivates all the debts you listed when you filed and you'll become responsible for payingthem with interest and penalties to boot. Just keep makibg your payments until the legal minds figure out what to do - you'll get back any extra you pay in once your case is successfully discharged. And please keep us posted about what's decided in your very unusual situation.

I am lucky apparently. My attorney told me that he has never had this happen. He is going to speak witht he trustee but thinks that a motion for an order approving discharge would be appropriate. Anyway, thank you for the advice.

[HHM]

The only wrinkle would be the secured creditors that filed claims. If you are surrendering the collateral, more than likely, a portion of their debt is unsecured and since they filed a proof of claim, they at least have something.

It is, indeed, a rare event. Your attorney is correct, a Motion for Discharge would be appropriate.

[swamprnr]

Update

Here's how the whole thing played out:

My plan was amended to show 0.00 being paid and had a term of 0 months. The confirmation hearing was held and they actually confirmed the plan. Less than a week later the trustee recommended discharge based on the plan being finished. I got the order of discharge shortly thereafter. My attorney asked the trustee if he needed to file a motion for discharge and the trustee said there was no need, as he (the trustee) would recommend the discharge without my attorney's motion.

Thanks again to all for all the feedback.

[livnlow]

What state did this occur in?

[justbroke]

Congratulations swamprnr. That is absolutely a first. I've never heard of such a thing before (no creditors filing). The Trustee did the right thing in your case.

[lrprn]

I am so glad that everything worked out in your favor, swamprnr! You were the first and ONLY Ch 13 filer on this forum to not have even one unsecured creditor file a claim! Amazing!

Congratulations on your discharge, and enjoy your fresh new financial start!

[indebt00]

wow...who were your unsecureds? big banks? wow.....again congrats

[zeezee]

I know, right? What a lucky duck! Congrats to you!!!!

[catleg]

OMG .. you are truly the luckiest person I have ever heard of. Congratulations.

[catleg]

Wow!

The Karma dudes are on your side. Here's to wishing you a super short and very sweet 13 and discharge!

Goes to show you how screwed up our healthcare system is, at least they screwed up in the patients favor for once! ( Not filing claims)

I had to take my daughter to the ER for something that turned out to be very simple, all they did was give her a pee test and charged me 1000.00! I gave them our Blue Cross cards twice and they are still sending me statements for 1000.00.

This is the ugly side of our health care system, billing. Sometimes they just don't get it right. I'd get your health insurance on the phone and try to set up a conference call with the hospital billing department to get this straightened out before it goes to collections. Worst case scenario you may need to get a manual claim form and fill it out (typically the provider will fill this out for you) and mail it in for them.

[liz417]

Wow!!! Congrats!!!! Luck is on your side