Brett or anyone else who knows

[Sunshine Lady]

I am in the final months of a 37 month CH13 and I wonder if there can be
creditors to be paid who did not file when I started the CH13. Let me
explain.
#1 When I filed I listed ALL of my creditors and only about 75% of them
filed for reimbursement under the Chapter13 plan. Can the creditors who did
not ask to be included come after me when I get my discharge?
#2 I missed one payment. I did not do it on purpose but when I got my
last statement from the trustee I looked it over and realized a payment was
missing. I did not have the money to pay it so I decided I would send extra
each month to cover it. No notice from the Trustee about this -- is this a
problem??
#3 When I started the CH13 my mortgage was $727 and it is now $900
(taxes). My health insurance was $297 a month and it is now $822 (got
older). I called my attorney and he said to just try to make it up
somehow. I asked him if I could just drop the 13 and make it a 7 and he
said no because the Ch7 trustee who I went before first decided he would
take all of my retirement fund to pay off my debts if I did not do a Ch13.
So now I am stuck borrowing from friends and renting a bedroom out in my
home to make grocery money. My income is fixed monthly income so there is
no way to make it up so I have borrowed money from friends and relatives to
cover living expenses.(The friends know they will in all likelihood never be
repaid completely) I am in the DC/MD/VA area.
Any ideas anyone?? I know I am almost done (4 months to go) but I do not
want them to extend this thing. Can they do that???
If I just drop out can the creditors take my house (not in default now)??
Can they take over my retirement income??
Thanks all......................
Sun

 

[Brett Weiss]

#1 When I filed I listed ALL of my creditors and only about
75% of them

filed for reimbursement under the Chapter13 plan. Can the creditors who did
not ask to be included come after me when I get my discharge?
No.

#2 I missed one payment. I did not do it on purpose but when I got my
last statement from the trustee I looked it over and realized a payment was
missing. I did not have the money to pay it so I decided I would send extra
each month to cover it. No notice from the Trustee about this -- is this a
problem??

Probably not.

#3 When I started the CH13 my mortgage was $727 and it is now $900
(taxes). My health insurance was $297 a month and it is now $822 (got
older). I called my attorney and he said to just try to make it up
somehow. I asked him if I could just drop the 13 and make it a 7 and he
said no because the Ch7 trustee who I went before first decided he would
take all of my retirement fund to pay off my debts if I did not do a Ch13.
So now I am stuck borrowing from friends and renting a bedroom out in my
home to make grocery money. My income is fixed monthly income so there is
no way to make it up so I have borrowed money from friends and relatives to
cover living expenses.(The friends know they will in all likelihood never be
repaid completely) I am in the DC/MD/VA area.
Any ideas anyone??

It is possible that you could file a motion to modify reducing
the monthly payment so that (I assume) the creditors who filed
will be paid in full. I have done this for many clients, and
practice in MD, so if I can help, please feel free to e-mail me
privately off the list.

I know I am almost done (4 months to go) but I do not
want them to extend this thing. Can they do that???

Depends on the details. There are several possibilities, most of
which are favorable for you.

If I just drop out can the creditors take my house (not in

default now)??

No, but the creditors who didn't file POCs can come after you, as
can the creditors who weren't paid in full through the Plan.

Can they take over my retirement income??

Depends on the source of the income. There are different types of
retirement plans, come exempt, and some non-exempt.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

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.
*****************************************************************