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Workers comp Texas

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    Workers comp Texas

    Have 2 more payments to complete my Chap.13.
    But am on workers comp and lawyer says, debtor shall use best efforts to prosecute worker comp claim with date of injury 4/10/13. Debtor shall turn over any proceeds from the claim to the trustee execept those proceeds determined by court or trustee to be both exempt & not disposable income. Any such turnover shall be in addition to previous confirmation/modification order. The case shall not be complete & debtor shall not receive a discharge until the claim is resolved & appropriate payments received. If debtor fails to perform such, the trustee may file certificate non compliance.

    What this means is your settlement of your worker's comp claim must be approved by Court before your case "ends."

    Not including any worker's comp funds determined non exempt and/or disposable income, as mentioned in the excerpt from the order above, your base balance is $650.00 (2 payments, due April 26, 2015 andMay 26, 2015) according to the Trustee's records.

    After the workers' comp is "resolved" and the two payments are received and posted, the trustee files a notice of plan completion, then the Court enters an order initiating the discharge process which takes another 2-3 months before an order on the discharge of debtor is entered.

    Has anyone had this experience

    #2
    I haven't had any experience, but it is pretty clear what is required. Has your worker's comp claim been resolved? If so, did you turn over to the trustee what ever portion of the worker's comp proceeds you are required to turn over (what is not exempt and is part of disposible income? Even if you complete your plan payments ($650 a month it sounds like), your plan will not be complete until your resolve the worker's comp issue. Because your plan requires you to prosecute the claim, I suspect you will not be discharged until you have done that.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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