How do I read the information listed on the National Data center for my chapter 13? $4000 balance on hand paying $850 per mo.

Asked 11 months ago - Marietta, GA

Under the claim summary tab I am confused about the flowing terminology across the heading of the list: %of claim to be paid claim amount principal paid interest amount scheduled amount principal owed monthly payment interest rate All of my secured debt is paid 100% and no amount has been paid to my unsecured debt. None of my unsecured debt has a percentage to be paid listed. All of my unsecured debt has a scheduled amount listed The majority of unsecured debts have a heading of "scheduled creditor" with a 0 claim amount and various scheduled amounts listed The unsecured debts that have a heading have both a claim amount and a scheduled amount. Basically...What the hell do I owe and will the unscheduled creditors be wiped out or do i have to pay them? No trustee disbursements since January

Attorney answers (4)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . No one who has not seen your plan, the filed claims, and other details can answer you. Your chapter 13 attorney is obligated to answer your calls, so call him to ask.

    If you have unscheduled creditors you have a big problem to call your lawyer about. It's perjury to omit creditors and you may need to amend things.

    Note that not all creditors may file claims and creditors that do not file will not be paid. Depending on what you filed, some or all of those debts may be discharged. If you have secured or priority claimants that have not filed, ask your attorney if he should file for them.

    Again, call your lawyer. That's why you have one.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Susan Schmeidler Blum

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . Your questions are valid - with all of the headings and scheduled/unscheduled and payments/percentages listed with your case it does get confusing. Spend some time discussing your case with your attorney: you both can be looking at the same screen shots and you can be walked through who you owe, who has filed claims, how much you are expected to pay over the life of the plan, how much has been disbursed already, etc.
    For you to get the discharge for any creditor you must have listed them on your bankruptcy petition. Whether that creditor will be paid depends on whether a proof of claim was filed. If it was an unsecured creditor, then there would be no concerns if one did not file a proof of claim and therefore not paid. However, for a secured creditor or a student loan being paid in plan, you would want to make sure these creditors are being paid, even if that means your attorney filing a proof of claim on their behalf.

  3. Robert M. Gardner Jr.

    Contributor Level 18

    2

    Lawyers agree

    1

    Answered . If you have an attorney, you should sit down with them and go over the data center info to get an understanding as to how it pertains to your case. That being said, the following is some general information to clear up what is a confusing array of information on the various trustees sites: Until a case is confirmed, the information on the site is incomplete, and the trustee's do not enter information about unsecured claims until after confirmation. Secured claims which you intend to pay should be listed at 100% under the "to be paid" tab. This amount will be either the amount of the claim filed or the value of the asset (in the event that you are paying value rather than debt amounts). The scheduled amounts are what you put in your schedules. Given the nature of debt being changeable on a daily basis, these will rarely be identical to the amount claimed. Also, if a collection agency files a claim for a creditor, there may be a schedules amount listed for the debt, with no claim filed, or a claim filed with no amount scheduled because it may not match up with the creditor name on the schedules. However, if your plan did not provide to pay unsecured debt, or if you were a below median income debtor, you can basically ignore the numbers for the unsecured debt. The first page of the site, which shows the balance on hand, will estimate the number of months left in the case, and the upper right hand of each page will estimate a time for the case to be completed. However, these may not match up, and your attorney would need to go over the plan to be able to tell you when the case will be paid off. My only concern with what you are saying is that there is a substantial balance on hand. If your case has not yet been confirmed, that is not unusual and the information on the site is incomplete at this point. If your case has been confirmed for a while, the holding of money by a trustee means that they are confused about where to send money, or that a creditor you want to get paid may not have filed a claim and a claim needs to be filed for them. This is a problem your attorney should be able to resolve easily.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  4. Dorothy G Bunce

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Unless you have a background in accounting, I think it is a mistake to look at this information because it is confusing. What you owe is contained in your confirmation order. Keep track of your own payments to determine your balance. Unless an additional claim for tax debt or child support comes in late, that will answer your question. Info on the Trustee site is really best viewed by professionals. Hope this perspective helps!

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,246 answers this week

2,927 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,246 answers this week

2,927 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary