Almost done, what about Unsecured/Not filed?

[ljs]

Can not get Attorney to call me back. (no surprise, right?)
Over these five years I have asked and asked about the unsecured creditors on our Chapter 13 plan. Have been told by Attorney that we will not owe this once the plan is over. I don't know if I trust him. I have heard the term crammed down amount on this forum. This is in relation to one of our vehicles. They both show allowed claims. One shows over 4000.00 in unsecured. Are they going to be able to come after us for this money???
Also, what about the claimants that show as Claim not filed? There are quite a few of those.

We have 10 weeks left, then I guess thte audting process begins. What do we need to being doing right now, as we are so close to the end?

Thanks!

[woeisme]

At the end of your CH 13, ALL your unsecured debts included in your plan are discharged. If they didn't file a claim, too bad for them. You no longer owe this debt. If you had a car crammed down, and paid the secured part of the claim, the unsecured part is discharged, you own the car free and clear. That's it, end of story.

Ok, maybe not end of story. You may have creditors "claiming" you still owe them money. They are lying! If you included them in the BK petition (check your creditor matrix for verification) then the debt to them is discharged. They are violating the law attempting to get payment for a discharged debt. Call them on it! Know your rights.

And major congrats on finishing your plan!

[arkienurse]

Can not get Attorney to call me back. (no surprise, right?)
Over these five years I have asked and asked about the unsecured creditors on our Chapter 13 plan. Have been told by Attorney that we will not owe this once the plan is over. I don't know if I trust him. I have heard the term crammed down amount on this forum. This is in relation to one of our vehicles. They both show allowed claims. One shows over 4000.00 in unsecured. Are they going to be able to come after us for this money???

They will be paid the unsecured portion at the same rate your other unsecured creditors get. Ours got something like 89% of their claim. You are not responsible for any amounts not paid. And once the bk is over, they should send you the title to your vehicle(assuming the secured portion was paid off in the bk). One of ours was with a local bank. They sent the title when I called them and pointed out their secured claim was paid in full(no unsecured on this one). My van was with USBank. They held title until bk was officially closed and sent it without my having to contact them. (almost 10,000 unsecured claim, again paid at 89%)

Also, what about the claimants that show as Claim not filed? There are quite a few of those.

They are just SOL (shoot out of luck). Had their chance to file, let it slip by. But I would keep all my bk papers for the rest of my life, including the creditor matrix. That way you have proof that this debt was included in bk if some zombie debt collector tries to come after you in the future.

We have 10 weeks left, then I guess thte audting process begins. What do we need to being doing right now, as we are so close to the end?

Thanks!

You might get a copy of your credit report so you can start cleaning up the ones that are reporting incorrectly.
And start planning what you will fix up first when you don't have to make that payment. We bought a new lawn mower with our refund check. Then an new dryer I believe. Then next month, Christmas that we actually got to spend something for other than the little kids. New towels and blinds in some of the rooms, etc, etc. I am sure you have had to neglect somethings around the house and cars to make your payments and bills on time. But don't forget to either start a savings or add to your existing one, so that you can avoid getting into this spot again. I have been closed for over a year and have yet to apply for a cc. But I have had major repairs on my car, and DH's truck, and had the savings to cover both bills.

Congratulations for being able to stick with it through to the end, it is all downhill from this point on.!!!!!!!!!!