Chapter 13 and an accident settlement

[blftx]

They are finally going to settle my accident case.However,the trustee's office said my personal injury attorney must send an itemized statement of where the money goes(Attn fees,Drs,surgery,ect.) Then the bankruptcy attorney will look at it and decide if its disposable income. This concerns me,and I told the trustees office.I have no health insurance,so right off the bat $100k goes for 3 spinal disc fusion,surgery. They said,see,include that...but...also the Dr's have deemed me disabled,to what extent we won't know until after surgery. If this settlement is my only source of income how can they take it? Top it off,the whole thing is confusing.That if its disposable income,I would have to pay the unsecured creditors also. I looked at my bankruptcy case,says 100%. I added up all the creditors who responded,secured,unsecured,claimed,scheduled and attorneys fees.Bankruptcy total $12,000,5yrs...of the ones who responded,scheduled $12631,claimed $12727. Been in bankruptcy 2yrs,so its lower.No problem,if thats the total of secured and unsecured i'll gladly pay it off....Question is tho, will I have to pay those who didnt respond?(shows o.oo on all lines). I would love to have my bankruptcy attorney answer these questions.Seems tho after she took my money she became invisible. Actually fighting with thier office since Jan.09,before 1st surgery to get a 2mth moritorium(still not filed and 2mths behind). Took bankruptcy attorneys office 3mths to email motion to appoint council to personal injury attn(this was after I threatened to fire her)........So,anyone at all know the answer to my dilemma?

[2xBK]

I'm not sure about the settlement being considered disposable income or not, but if you're in a 100% plan already and can afford (via settlement money) to pay of the 12k, and don't mind doing it, then you'll simply be ending your chapter 13 early and getting discharged. That would be good, no?

When a creditor does not file a claim during the initial BK filing, they lose all rights to collect on it, period. You could win the powerball and they would have no right to collect.

[blftx]

Update,from the trustee's office.After attorneys fees,medical bills,the trustees office determines if whats left over is disposable income. If its disposable income,they make you pay unsecured debtors who filed 100%(opposed to the 27% I am now paying unsecured debts). Looks like I might be lucky tho,only 6 or 7 unsecured debtors filed!! I owe $8400,early payoff $9700....whooohoooo thats worth taking a part of settlement and getting out of bankruptcy!!!!! Now if I can only get my stupid bankruptcy attorney to file the moritorium giving me 2mths off!!! 4mths now,still not filled.