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I have a question about Chapter 13

Chicago, IL |

When we first started our CHIT our Percentage to insecure or unsecured plan base was 92 I checked it out a few months ago and now it's at 100 . Can someone explain this in layman's terms ? Our Plan Base is still the same number so I'm a bit confused . Next Mar will be our 60th month . I just want to make sure this will be over .

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Attorney answers 5

Posted

It is probably that some of your creditors did not file Proofs Of Claim and that because of that, those that did file a POC will be paid at a higher percentage than originally proposed in your plan. If you have an attorney, ask him/her to confirm.

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Posted

The percentage paid can be affected by the claims filed. If some creditors did not file claims then it can increase the percentage other creditors receive. You can contact the chapter 13 trustee's office for a payoff letter to let you know when you can expect your plan to finish and your discharge to be issued by the court.

Posted

You need to field this to your attorney to explain. There could be a number of reasons, but most likely most claims did not come in and then the plan was bumped to 100% and you are running to the end which is 60 months. You have to meet the best efforts and good faith committing all disposable income to the plan.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

Posted

This is pretty common. When a chapter 13 plan is proposed (and eventually confirmed), the percentage of money general unsecured creditors will receive is a minimum amount. Very often, the actual percentage that general unsecured creditors receive is higher than originally contemplated. There are generally a couple reasons why this happens. First, some of your general unsecured creditors may not have filed a proof of claim with the court. They need to do this in order to receive payments through your chapter 13 plan and they have a finite amount of time in which to file the appropriate documents. So, if some of your creditors did not file claims, the creditors who did will receive a larger piece of the pie. A second reason may be because you have been required to turn over tax refunds, insurance proceeds, law suit settlements, or other money to the chapter 13 trustee during your case. This extra money would likely result in your general unsecured creditors receiving a higher percentage of their claims.

Disclaimer: This answer does not constitute legal advice. I am admitted in the State of Illinois only and make no attempt to opine on matters of law that are not relevant to Illinois. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

Posted

First, you should always contact your attorney with questions like this. The bankruptcy court and trustee's office do not represent you. While you have questions about the unsecured plan base the bottom line is your monthly Chapter 13 Plan payment has remained the same. If there was a problem with your plan the trustee's office would normally recognize this a long time ago and let your attorney know the plan is not feasible. If the plan was not feasible as filed it should not have been confirmed. That said, it is possible for any number of reasons that your plan be underfunded even though you have made the monthly payment you were told to pay. I definitely recommend checking into whether your plan will end on the 60 month sooner then later.

Ryan C. Wood is a Bay Area bankruptcy lawyer and has been practicing exclusively bankruptcy law in California since 2007. Mr. Wood formerly worked for David Burchard, Chapter 13 Trustee for the Santa Rosa and San Francisco Divisions of the United States Bankruptcy Court for the Northern District of California. West Coast Bankruptcy Attorneys has filed hundreds of bankruptcy cases and has an “A” rating by the Better Business Bureau.

Legal Disclaimer: Ryan C. Wood practices law in California only. Any answers to questions re not intended to be legal advice or create an attorney-client relationship. Always consult an attorney in your jurisdiction about your particular circumstances.

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