Oh boy, it sounds like the car lender was treated as an unsecured creditor & thus got less $$$ from the trustee than they would have IF they had been treated as a secured creditor. Your attorney should have noticed this early on when he received the list of FILED claims from the trustee. I would run this past another BK attorney, then consider filing a malpractice claim against your attorney's malpractice insurer. The Ch.13 $$$ has all been distributed, so it is too late to "amend" your bankruptcy, but you may get settlement $$$ from the insurer equal to the amount of $$$ the creditor should have gotten, minus the amount they actually got. Good luck.
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Diane has raised a good point, that your attorney could have fixed this if he had monitored the claims filed by creditor, and asked the attorneys for the car lender to amend their claim to a secured one. While your attorney may bear some responsibility for this mess, so too does the lender's attorney, for filing the claim incorrectly. they may have been provided incorrect information from the lender, resulting in the incorrect claim. You could talk to another bankruptcy attorney to review the situation, and see if a solution can be found. You may also want to talk to someone at the Ch 13 trustee's office, and see if they have any direction they can provide. This will all turn on the facts of the underlying claim filed, so start with seeing if the trustee can provide a copy for you to give to the next bankruptcy attorney to review. If the lender filed an improper claim, they may have to live with those consequences. God luck!Ask a similar question