Confused about status of claims report

[amp]

Hello,

I'm new here but have been watching this forum for a year or so. I'm am very confused after visiting my attorney's office yesterday regarding my Ch. 13. I've been in a 36 month plan with a payment of $1,100 a month since 08, so I assumed that we are almost complete. I'm having a hard time understanding the status of claim report sent from my trustee. My base plan was $39,600 in the beginning, now my base balance is showing $1100. I have two secured debts showing a balance due on the report, one for $8,474 and one for $6,125. Those secure debts are my cars at 100% payback. My attorney's office tells me first that I am almost done, but then says "wait" your still paying off the cars. Wow, what a let down after 3yrs of no missed payments paid directly to the trustee. How can I go from a base balance of $39,600 to a base balance of $1,100 and still have an over $14,000 balance owed? We have been very discipline throughout this whole process and changed our lifestyle completely for the better, however, this is very discouraging two hear. I'm I reading this report right?

Thanks

[becky20]

Is there a bunch of money sitting in your account waiting for the trustee to send out?

[tobee43]

although we did not experience a 13 ourselves, i would think it time to call your atty back, and explain that you are confused a bit about your meeting, and need some re-assurance and some clarification with respect to your situation and where it stands and why.

don't be afraid to be honest and forthright with your questions, although you might or may feel uncomfortable about it...that's understandable. however, you have the right to understand your position clearly and why there is still that amount owning.

i understand that may be difficult, however, you need an absolute understanding! best of luck and make that call back to the law firm!! oh! and please post again and let us know how you make out..

[amp]

Becky20,
I'm not sure if there is a pile of money waiting to be sent out. All I know is what the report say and that is my base balance after 3yrs is $1,100. I have reports from 3yrs ago until now showing the base balance decreasing down to what it is now.

[becky20]

Trustees often dont send out monthly checks, they often hold onto the money for awhile and then make large payments to the creditors. Might be worth checking pacer or seeing if your trustee uses 13datacenter.com (I think there is one other site as well but can't recall what it is).

[amp]

I'm actually getting this info from 13datacenter.

[Pandora]

how much were your cars originally when placed in the plan, were you behind at all, and did you cram them down?

If you're basing the 100% based on 13DataCenter's last column, that always says 100%; we show the same however we are only paying back like 34% or something along those lines. We will have a balance "due" upon completion of our plan, however it will all be discharged.

How that works with your car(s) from what I recall is that while a car can be placed in the plan, it doesnt mean it will be paid in full upon completion of your plan. There are some posts on here that discuss this.

[amp]

Pandora,
Thanks for the reply, one car was $22,970 about a 1yrs old when filed and the other was $15,925, 3yrs old. We were current on both vehicles at the time of filing. I don't believe we did any cram down because we were not upside down on the vehicles. Will it show in my paperwork what % I am actually paying back?

[Pandora]

it should show what % on your confirmation order - ours did. Easiest way to figure it out is look at all the claims filed on 13Data (total amounts) - then do the math based on your monthly payment to get the % payback.

It was really confusing at first as 13Data was showing 100% of everything and our lawyer said we were at 100%, but that turns out to be 100% of all DMI, thats what he meant. Our paperwork from the judge shows our %. Apparently we can pay off our Ch. 13 earlier than the 60 months (but not before 36) because we were under median when filed even though we're not 100% payback to unsecure creditors.

[amp]

This is what the case information shows on 13datacenter:

Plan Base $39,600.00
Total Paid into Plan $38,500.00
Total Paid to all Parties $37,400.00
Total Paid to Creditors
Balance on hand $1,100

[Pandora]

amp

yes, but what does your confirmation order say? Your base plan is merely the minimum you have to pay, its not the actual claims filed amount. What was the total amount (claims allowed)? If it comes up to what your base plan is, then you are indeed in 100%, however it you total it all up and it comes to - oh I dont know..say $100K even (for ease of math), then your payback is 39%.

See how it works?

[IamOld]

Pandora, can I interrupt with a question.

Ch 13 - obscene amount of student loans INCLUDED in Ch 13 filing BUT of course they will not be paid in full thru the Ch 13 (not by a long shot!!) So in that instance, will I see the same thing...obscene amount showing up as claim even though:

a) they know they won't get it thru 13

b) and (I know stupid question) they won't fret too much as they (and I) know that it's non-dischargable, and just goes back to regular payments after Ch 13??

amp

yes, but what does your confirmation order say? Your base plan is merely the minimum you have to pay, its not the actual claims filed amount. What was the total amount (claims allowed)? If it comes up to what your base plan is, then you are indeed in 100%, however it you total it all up and it comes to - oh I dont know..say $100K even (for ease of math), then your payback is 39%.

See how it works?

[HHM]

You need to pretty much ignore 13 data center, it is not designed for the consumer to read and heck, even most attorneys don't understand the reports. At the end of the day, the confirmation order is what controls your case.

[IamOld]

Thanks!

[Pandora]

IamOld

Yep - what HHM said . 13data is more of an accounting tool for you to keep track of payments made by the trustee more than anything else.

As to the student loans - yes I do believe it goes back to whatever your payment was before. If I'm not right on that account, someone will correct me I'm sure.