pro se in AZ how to remove a claim that's been paid

[powerless]

The first and second mortgage arrearage claims in our chapter 13 have both been paid off because we sold the house. How do those claims get removed so the trustee doesn't pay them any more? Is it something the mortgage companies have to do, the trustee or something we have to do?

[LadyInTheRed]

I believe you need to petition to modify your plan.

[powerless]

The plan has been confirmed so I can't modify it. I could amend it, and will amend schedules I and J, since we no longer have a house payment but a rent payment and other expenses have changed. My gut says that I can't change the filed claims from creditors. Either they have to do so or the trustee does.

[LadyInTheRed]

You are correct that you can't change a claim, but you can change how a claim is treated under the plan by petitioning to modify the plan.

A confirmed plan can be modified and should be in this kind of situation. See 11 U.S. Code § 1329 and FRBP 3015(g). As you will see in § 1329, a debtor, creditor or trustee can petition to modify a confirmed plan. § 1329(a)(3), describes exactly the kind of modification you need.

I believe the Arizona bankruptcy courts have self-help centers that may be a good place for you to get help. Check your court website for information.

[justbroke]

I'm not adding much to LITR's great advice. Remember, you can't remove or expunge the claim, but you may be able to have the claim's "unsecured" portion modified to $0 or somehow listed as paid in full. As suggested, plans are changed all the time and it's called a plan modification.

I would seriously look at the Pro Se clinics available since modifying a plan can get a little tricky in the procedural sense.

[powerless]

As it turns out, I didn't have to do anything. The trustee said that since the closing documents showed the loans paid off, they were removed from the trustee's payment system and would no longer be paid.

[ValleYum]

I believe you need to petition to modify your plan.

As it turns out, I didn't have to do anything. The trustee said that since the closing documents showed the loans paid off, they were removed from the trustee's payment system and would no longer be paid.

That's awesome! Less for you to worry about!