2 new bills show up AFTER 13 Confirmed...Pay or add in plan?

[jetsfan2010]

Im sure this has happened to someone else, hoping for some advice...
I filed back in November '10, and thought all bills were included. Rental property was surrendered at the time, and submitted with all paperwork were bills from the home owners association and utility company. Now almost 6 months later, both have sent me notices for deliquent amounts owed stemming back from before the time I filed.

I called each up notifying them I filed and I thought they were included, and both said they had no notice on their side saying they would be included and I had to work something out with them.

I remember when I filed my lawyer said something to the effect that if we missed a creditor they could add them in but there would be an addtional cost. Has anyone had to do this before?

[momofthree]

#1. Check pacer to see if they are listed as creditors. Just because they say they never received notice doesn't mean that they weren't included. They may have even been notified and simply filed the notice in the circular file.

#2. If you submitted the bills to your attorney and your attorney didn't include it in your filing, he should not be charging you extra to go back and add them in now. His error = his cost.

[frogger]

I remember when I filed my lawyer said something to the effect that if we missed a creditor they could add them in but there would be an addtional cost. Has anyone had to do this before?

It happens on a fairly regular basis. It won't cost much to have your lawyer add them to the filing and plan, so you should do it. Otherwise, those debtors did not have the opportunity to participate in your plan and will be looking for you after your chapter 13 discharge.

[jetsfan2010]

It happens on a fairly regular basis. It won't cost much to have your lawyer add them to the filing and plan, so you should do it. Otherwise, those debtors did not have the opportunity to participate in your plan and will be looking for you after your chapter 13 discharge.

Thanks for the clarity. I called my lawyer today and he said he did not have their info when I filed, though i KNOW i gave it to him. go figure lol.

[lillymarlene]

I filed back in November '10, and thought all bills were included.

For what its worth, the same thing happened to me. I filed the end of November and then found a creditor, that I'd forgotten about. I added it on, since it was over $900. My attorney charges $250 to add a creditor, per creditor! I guess this is because is because (maybe this varies by district) my attorney had to send notices to all my listed creditors again.

Since then anything "small" that has occurred after filing, I've decided to deal with on my own. For example, I just cleared up a 2010 business property tax bill for $400, that I had not listed. I figured it was not worth it having to deal with my attorney and pay his extra:-)

[lrprn]

Anything owed to the two creditors *before* filing can be included in your plan. Anything you owe the two creditors that happened *after* filing cannot be included in your plan. Discuss this with your lawyer.

[debtinohio]

I added a couple afterwards and was only charged the court cost of $25 each to add. Pushback on your attorney.