Does everyone get paid in CH 13 ?

[mylene]

Our ch 13 was discharged 5-2005 after paying for 4 years. We are refinancing our home and cashing out some equity and apparantly there is a lien on our property (placed 1 month before filing that I did not know about ), for a loan that was supposed to be paid with the ch 13. I called the company and they stated that they never got any money. However I have documentation that this account was included and discharged. I thought everyone got repayed. Why do I have to pay this lien ? Any information would be helpful, I am confused about the lien vs money owed etc.

Thank you

[Minnymouth]

Contact your Chapter 13 attorney regarding this.........
If this creditor did not file a claim when he was supposed too........ then he is fresh outta luck...... especially if it was all discharged in the Chapter 13.....

Did they take you to Court, get a judgement and then file the lien BEFORE you filed BK? If so, your attorney should have caught this.....

ALSO, make sure that it was included in your Chapter 13 plan...............

Keep us posted,

Minny

[SinkingFast]

Yep! Like Minny said, all Creditors get notified so they can put dibs in for their piece of your Ch 13 payment plan pie. If that Creditor was included in your BK, and they didn't put in to get paid, that's their problem.

Call your Ch 13 attny and ask about this Creditor. Make sure they were included in your BK and got notified when you filed.

If the debt indeed was not included, you may wind up having to pay it to get a clean title on your house.

[aa06a47]

Our ch 13 was discharged 5-2005 after paying for 4 years. We are refinancing our home and cashing out some equity and apparantly there is a lien on our property (placed 1 month before filing that I did not know about ), for a loan that was supposed to be paid with the ch 13. I called the company and they stated that they never got any money. However I have documentation that this account was included and discharged. I thought everyone got repayed. Why do I have to pay this lien ? Any information would be helpful, I am confused about the lien vs money owed etc.

Thank you

Contact your attorney. They have violated the automatic stay, and if you desire to do so, you have a case against them, especailly to the tune that they have caused you to not be able to refinance, rates are going up each time the fed meets, and they might be liable for any interest rate increase you would experience waiting for this issue to be cleared up. You could probably actually prove a loss due to there violation of the automatic stay.

If you have access to the chapter 13 website,

https://www.13datacenter.com/index.asp

you probably can look and see who filed a claim and who didn't. It also shows payments made to creditors. I don't know if you can access the information since your case is closed, but you might try.