almost 6 months to the day of me filing. the trustee will probably want me hung now.
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My state just filed a claim.......
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Six months after filing is pretty late in the game. Was your plan amended to extend the time creditors are able to legally file claims? Has your case already been confirmed?I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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Be glad they did. Ours didn't file for almost 2 years - until I prodded them. Thankfully the trustee accepted the late claim.
I would much rather my state get paid as a priority debt in my 13, rather than having to face that debt after discharge. Trust me, they'd eventually come looking for their money, and since it's not dischargeable, they have every right to it. Whether or not they filed a proof of claim only determines whether or not they are paid from your BK Estate.
I looked at it this way, I much rather preferred to have them treated in the plan, with a reduction to unsecureds as a result, rather than my unsecureds getting a higher percentage, because the state never filed a claim. My payment was $xx/month x 60 mos, REGARDLESS of how many claims were filed.
Best to have it satisfied in your plan.
KYou can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing
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