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Have follow-up question on BK 13, when no creditors filed claim during the period of BK/meeting? How will be the payment plan?

Los Angeles, CA |

Planning to file BK 13..Monthly income of $12,000 with $60,000 profit as part owner of a company. Value of the business (corporation)
for myself is about $150,000. Has unsecured debts of $120,000. No real property, house was on short sale recently. Has IRS obligation of $6,000.00 paying at present $380.00 monthly. QA student loan for my son of $24,000.00 paying $521.00 per month for 5 years. If no creditors filed a claim..what will be the basis of my payment plan for my debts. I would appreciate a response on this matter. Thank you.

Attorney Answers 4

Posted

You said "has" unsecured debts of 120,000. Since you used the 3rd person, are you saying that the corporation has those debts? If so, your situation needs a whole new analysis.
But, to answer your question, if you file Ch13 and nobody files a claim, then your Plan won't last very long. Generally, the basis of your payment plan is your disposable income ... as calculated by the Form B22 means test or as determined by the difference between your Schedule I income and your Schedule J expenses.

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5 lawyers agree

Posted

You should file claims for creditors who would not be discharged. The IRS and the student loan to be specific. When your plan is paid, the rest of the non-claimants will be discharged.

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8 lawyers agree

Posted

The Trustee can pay only those creditors who file claims. That is why my colleague suggests that if IRS does not file a proof of claim that you/your attorney do so to ensure that the payments that you make go to it, first, as a priority creditor. If no other creditor files a proof of claim, then you will have completed your plan.

I hope you found this response to be helpful. If so, your clicking "helpful" and/or "best answer" helps my Avvo rating and would be appreciated. This answer shall not be considered rendering legal advise but instead a general response to a general question. Avvo is a wonderful resource but nothing can substitute for an in-depth consultation face-to-face with a lawyer. The response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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4 lawyers agree

Posted

You should definitely hire an attorney to assist you. A bankruptcy attorney would know what creditors they need to file claims for, and will already be ready to do that.

There are creditors, for example non-discharge able debts/creditors, that will need to have claims filed for them if they fail to file them. Similarly, some creditors that need claims filed may not file them in time. So will need a claim filed on their behalf.
Other issues may be creditors filing incorrect or improper claims.

Just because a creditor has (or has not!) filed a claim is not the determination of whether your case will be successful and their claim discharged (or paid as needed).

Especially with chapter 13 cases, it will be well worth your time and money to hire an experienced attorney.

Best of luck

You should consult an attorney for advice regarding your individual situation. Nothing in this response nor any communication shall be deemed to be a guarantee, warranty or prediction of the outcome of any case. This communication does not create an attorney-client relationship nor does it create an attorney-client privilege. Susan Dodds only practices in California. You should consult with an attorney immediately that is familiar with cases in your area. We are a debt relief agency, we help people file for bankruptcy under the bankruptcy code.

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