Confirmed! But wait........

[DOA]

Well, August 16 the trustee confirmed our plan. Yesterday I got the trustee's Claims Application in the mail. And what do I see but the trustee doesn't list the one secured creditor I was paying through the plan. He shows them as receiving nothing through the plan. So I reviewed my filed plan on PACER, and there it is in black and white that this creditor is to be paid through the plan. And he doesn't list the doctors or hospitals as receiving anything either. I tried to call my attorney first thing this morning, but of course she is in court. I don't know what the protocol is for this situation, but there is no way I can afford $1058 a month, plus that payment along with medical bills incurred since the filing, but prior to confirmation. My mortgage and vehicle are outside the plan, and we surrendered our RV, but this item is supposed to be in the plan!!!!!!!! And they wonder why my heart sucks and I'm on zoloft.

[SinkingFast]

Good to see you DOA!!

Congrats on the Confirmation!!

Hopefully, the Creditor not included in the Letter to you from the Trustee is merely a typo on the Trustee's assistant/secretary's part.

Leave a message for your attny so he/she can contact you ASAP regarding the difference.

Hope you're doing well healthwise!!

[lrprn]

Well, August 16 the trustee confirmed our plan. Yesterday I got the trustee's Claims Application in the mail. And what do I see but the trustee doesn't list the one secured creditor I was paying through the plan. He shows them as receiving nothing through the plan. So I reviewed my filed plan on PACER, and there it is in black and white that this creditor is to be paid through the plan. And he doesn't list the doctors or hospitals as receiving anything either. I tried to call my attorney first thing this morning, but of course she is in court. I don't know what the protocol is for this situation, but there is no way I can afford $1058 a month, plus that payment along with medical bills incurred since the filing, but prior to confirmation. My mortgage and vehicle are outside the plan, and we surrendered our RV, but this item is supposed to be in the plan!!!!!!!! And they wonder why my heart sucks and I'm on zoloft.

So sorry to hear about your latest troubles, DOA. Your attorney should be able to straighten everything out. Hang it there!

[jane taylor]

Yes, good to hear from you!! How are you feeling these days? So sorry that you're having trouble with the Trustee, but unfortunately I am not surprised! Stay on them and let us know what happens. Keep in touch and take care.

Peace,
jane

[Jman30]

Funny how if we, the debtor, makes a mistake, they can just dismiss our case. But if they make a mistake...oh well. Too bad for you.

Not a very fair system, unfortunately.

[DOA]

OK, so here is the explanation my attorney gave me. It is listed under the plan as secured, with $0 to be paid. Reason is, the creditor, although notified, has yet to file a claim, so the trustee is indicating they are asking for nothing on their amount owed during the plan. And they have 30 days to file from the time this document was filed and mailed to them. Also, she said if they don't file one, we can on their behalf. Now if they will just get around to lowering the plan payment since the $700 a month child support they figured as part of our income has been ended by the court, just like I told them it would be in September. But they didn't want to hear any of that, so now they will have to modify it. Hope they hurry, I can't pay bills without money.

[DOA]

Well, after long hard fine print reading I have discovered that the code beside the creditor determines whether it is being paid in or out of the plan. The trailer is out of the plan on the trustee's document, listed as "In" on the submitted plan, none of my medical creitors/Dr.'s are listed on NDC or the trustee's document, my personal property taxes I fell behind on, and turned over all paperwork for to the lawyer don't show up, and neither does my unsecured personal loan they made me quit paying because it would be considered "preferential". Not to mention there is no new filings on PACER, and my attorney filed ammendments for all these items, as well as her filing for her fee's thru the plan on the 10th. The trustee is begining to tick me off. UGGGGGGGGH!

[SinkingFast]

OMG, DOA!!

I do hope this whole mess gets straightened out for you soon.

Have you thought to maybe call the Clerk of the Court and nicely inquire about the postings?? Maybe a nudge from the Clerk will get the Trustee's butt kicked into gear.

[Interlaw]

Well, August 16 the trustee confirmed our plan. Yesterday I got the trustee's Claims Application in the mail. And what do I see but the trustee doesn't list the one secured creditor I was paying through the plan. He shows them as receiving nothing through the plan. So I reviewed my filed plan on PACER, and there it is in black and white that this creditor is to be paid through the plan. And he doesn't list the doctors or hospitals as receiving anything either. I tried to call my attorney first thing this morning, but of course she is in court. I don't know what the protocol is for this situation, but there is no way I can afford $1058 a month, plus that payment along with medical bills incurred since the filing, but prior to confirmation. My mortgage and vehicle are outside the plan, and we surrendered our RV, but this item is supposed to be in the plan!!!!!!!! And they wonder why my heart sucks and I'm on zoloft.

If the creditor doesn't file a proof of claim, it won't be paid through the plan. Your attorney may need to file the claim for the creditor.

Brett Weiss
[email protected]

https://www.brettweiss.com/bankruptcy

Maryland, DC and Federal bars
Member, National Association of Consumer Bankruptcy Attorneys

--> Read our Bankruptcy FAQ at www.brettweiss.com/bankruptcy/FAQ/br_faq.htmwww.brettweiss.com/faq/br_faq.htm.

************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** ***************

[wooisme]

I really think this whole thing is a racket!! I"ve been waiting 10 months for my plan to confirm, I plan on writing a big fat book, called: "The Plan that never confirms" by dippy dope!

I mean the whole thing is NUTS....they go on and on and on and on...don't these trustee's and lawyers have a life, i mean really. and the fact is, i don't think the lawyers get a dime until it confirms. gee i wonder how they pay their bills. next thing you know the lawyers will be filing bankruptcy becasue they can't get any money out of clients who are waiting for plans to be confirmed.