If an unsecured creditor does not file a claim within the 90 day time period, do they have to be paid? 14 Answers as of August 16, 2013

If I believe my attorney did not fully explain chapter 7 vs 13 and I filed 13, do I have any recourse? It's been over 2 years and the only people getting paid are my attorneys and the trustee.

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Law Office of Thomas C. Phipps | Thomas C Phipps
You could convert the case to a Chapter 7 if you otherwise met the requirements for that type of case.
Answer Applies to: Missouri
Replied: 8/16/2013
Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
You always have the option to dismiss a Chapter 13 case. Then you can file a Chapter 7 if you qualify and if you want to do so. Unsecured creditors who do not file a proof of claim by the deadline will not be paid through the Chapter 13 plan. They will not share in the funds available (if any) to Class IV creditors.
Answer Applies to: Colorado
Replied: 8/16/2013
Hayward, Parker, O'Leary & Pinsky, Esqs.
Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
If an unsecured creditor in a Chapter 13 does not file a timely Proof of Claim, then said creditor does not participate in the distribution payments made by the Chapter 13 Trustee. Their debt will be discharged once your Discharge is entered at the conclusion of your Chapter 13 case, after you have made all required payment to the Trustee, etc.
Answer Applies to: New York
Replied: 8/16/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Have another lawyer review your case. Without seeing the paperwork I cannot answer this.
Answer Applies to: California
Replied: 8/16/2013
Stephens Gourley & Bywater | David A. Stephens
In chapter 13 a creditor must file a claim to get paid.
Answer Applies to: Nevada
Replied: 8/16/2013
    Law Office of Susan G. Taylor
    Law Office of Susan G. Taylor | Susan G. Taylor
    You should determine whether you qualify to convert to chapter 7.
    Answer Applies to: Texas
    Replied: 8/16/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Unsecured creditors that received notice and did not file a claim do not have to be paid. Sounds like your atty did a great job.
    Answer Applies to: New York
    Replied: 8/16/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If an unsecured creditor does not file a proof of claim timely, their claim is barred. Your attorney advised you properly.
    Answer Applies to: New Jersey
    Replied: 8/16/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    That may not be unusual as most chapter 13 plans do not pay unsecured creditors 100% and they don't have to be paid every month or at all.
    Answer Applies to: Michigan
    Replied: 8/16/2013
    Porter Law Network | Karen Porter
    In a chapter 13 case, a creditor must file a claim to be paid by the chapter 13 trustee. If a creditor does not file a claim, and it is important to the debtor that the claim be treated in the chapter 13 plan and be paid by the trustee, the debtor can file a claim for the creditor. The chapter 13 trustee receives a fee of about 5% of each payment made by the debtor. The attorneys fees are paid before unsecured creditors. If you have questions about how your plan is going, you should schedule a meeting with your lawyer.
    Answer Applies to: Illinois
    Replied: 8/16/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    If the unsecured creditors do not file claims and your case pays out, then the debts will be discharged.
    Answer Applies to: Georgia
    Replied: 8/16/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    You may convert a Chap 13 to a Chap 7 case if your personal finances justifies such conversion many convert because of changed circumstances. Depending on the nature of the unsecured claim, the debtor is not required to file a claim within 3 yrs. A question arises: if you have not complied with the Chap 13 Plan, why hasn't the trustee taken some action? You may want to consider conversion, discuss it with your attorney.
    Answer Applies to: Florida
    Replied: 8/16/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If you have small payments in your Chapter 13, it is quite common for the payments during the first few years of the plan to only go towards paying the legal fees and trustee commissions. At the end of your Chapter 13, you will receive a discharge and owe nothing to any of your unsecured creditors, whether they filed a claim in your case or not. It is not clear why you are not overjoyed at this result.
    Answer Applies to: Nevada
    Replied: 8/16/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    The creditors that did not file claims in your 13, will be discharged if they are dischargeable debts. Call your attorney and speak to him or her. You paid this person for this service already so he/she should be happy to explain how your case works.
    Answer Applies to: Wisconsin
    Replied: 8/16/2013
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