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  1. #1
    Join Date
    Oct 2012
    Location
    Wisconsin
    Posts
    2

    Question Who is Paid Under a Chapter 13 Plan

    My question involves bankruptcy in the state of: Wisconsin. We filed Sept 2008 on a 5 year repayment plan of 100% of our debts. The final plan required 100 % payments on all secured debts, and several unsecured debts that had filed for/requested repayment. However, several did not file under the repayment plan and were subququently listed as Zero Claim Amt, Zero Balance Owed on all Bankruptcy Court semi-annual reports received which lowered the amount we owed.

    With half of our income tax returns received included, the amount owed according to the Court Report date July 2, 2012 was only $259.00. Our monthly payment is schedulted at $582.00. I called the court and asked if we would be paid in full with the next payment and was told we are scheduled to pay at 82% and must continue making payments of $582 for the full 5 years which will take us through September 2013. The court clerk did say in July our case was before the judge for review. What would he be reviewing if not the balance due on the case?

    I contacted our attorney (after 8 phone calls) he said the court report we had been recieving for the past 3-1/2 years was incorrect and we must also continue to make the payments of $582 until September of 2013. Our attorney indicated he would take no steps to ask for dismissal.

    Are we in fact paying off the debts that are listed as zero claims at the 82% level? If so, why is that not made clear in both the reports and the attorney's paperwork at the time of the bankruptcy? How could the Bankruptcy Court have been sending us incorrect reports for 3-1/2 years. Once the bankruptcy was filed we received no replies to any inquires we made of our attorney (there were previous creditors that tried to collect from us). Going back to him is a lost cause. Thank you to anyone that can help figure this out.

    Over the past few years with in increase in the cost of living, medical expenses, etc. we dearly need to get out from under this bankrupty payment ASAP.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Who is Paid Under a Chapter 13 Plan

    Quote Quoting CarolR
    View Post
    What would he be reviewing if not the balance due on the case?
    The trustee's annual report?
    Quote Quoting CarolR
    Are we in fact paying off the debts that are listed as zero claims at the 82% level?
    We have no access to your case file and know only what you have told us. Your best bet is to ask your lawyer.
    Quote Quoting CarolR
    Once the bankruptcy was filed we received no replies to any inquires we made of our attorney (there were previous creditors that tried to collect from us).
    You just told us that you contacted your attorney about these issues and that he responded to your inquiry. I would venture that the issue is that he has not been retained for your ongoing legal matters, not that he won't advise you if you retain him and pay him for his work. There are also many other bankruptcy lawyers you can retain, should you choose.

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