Please explain. Help!! :(

[shellbell]

Hi all. I have a sort of confusing but important question. I am hoping someone can help me out here.

Back in 2005 I filed Chapter 7 and was discharged in 3/2006. Lo and behold, I had to file Chapter 13 in August of 2006.

I am nearing the end of my 60 month plan and trying to figure out how much I have left to pay.

I have read prior posts stating that you should look at your plan base to see how much your balance is. This is where I get very confused. I am curious how your plan base is calculated? Also, I found that the creditors listed on my Claims Listing are 1/2 ones that have been discharged by Chapter 7.

I looked at my original Chapter 13 Petition and have found that my attorney has included 8 of my creditors that we listed on my Chapter 7 petition and have already been discharged (back in 2006) They are listed under Unsecured non priority claims, for informational purposes only.

I am so confused and dont understand. Any explanation would be immensely appreciated.

[despritfreya]

First and foremost, you will not be getting a Discharge in the Chapter 13 since you have received a Chapter 7 Discharge shortly before filing the Chapter 13. What you did is referred to as a “Chapter 20”. You filed for some reason. . . maybe to save a home, pay taxes, back support. . . something that was not taken care of in the Chapter 7. Or, you simply ran up a lot of debt after you filed a Chapter 7.

Second, I will assume that your Chapter 13 Plan pays 100% of all claims since nothing will be discharged in the end.

Third, you (or more correctly your attorney) should have objected to the filing of any proof of claim for a creditor that was subject to the Chapter 7 discharge.

Fourth, the base Plan is the total number of Plan months multiplied by the amount of the monthly payment. ($100/month for 60 months =’s $6,000.00.)

Since you will not be getting a Discharge you should contact the Trustee and find out how much is left to pay all filed claims or simply multiply your monthly payment by the number of months remaining. You also need to check if those claims include any debt that was subject to the Chapter 7 Discharge. Such claims should not be paid since they do not exist. Just remember, if a creditor (post 7 but pre 13) failed to file a claim you will still owe the $$ once you have completed your case. Now, you may have a statute of limitations argument for collections but you will need to discuss that with your attorney.

Hope this helps.

Des.

[shellbell]

Thank you for your reply despritfreya. I didn't file a Chapter 20. It is a Chapter 13. I found my Original Chapter 13 Local Bankruptcy Form 10 filed in August of 2006 not listing those Creditors that were previously listed in Chapter 7. He must have listed them as reference only. Weird thing is is that they show up on the claims list on the 13network software.

[momofthree]

Ch.20 is a slang way of referring to someone who files a ch.13 right after a ch.7 (13 + 7 = 20).

[shellbell]

Hi again everyone. Thanks for your replies. You know, I never realized that I had done that. I guess I was so stressed out about the possibility of losing my house when I filed Chapter 13, I didn't think of that. Since this means I won't be getting a "discharge", what will my case say when it is complete? I have six more payments after March 2011.

[shellbell]

Btw, you know the trustee's office wont tell my anything. They told me to contact my attorney.

[AngelinaCat]

Btw, you know the trustee's office wont tell my anything. They told me to contact my attorney.

That is standard when you are represented by an attorney--even a bad one.