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An error made by BK attorney

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Prisoncop

Junior Member
What is the name of your state (only U.S. law)? Arizona

In August of 2007 I entered into a 3 year Chapter 13.
Now 2 years later I requested copies of my credit report because I wanted to know my FICO.
There is a reporting on the credit report which should've been included in the Chapter 13. I pulled out my Schedule F and noticed (I KNOW that I should've scrutinized the document upon filing but I just checked for creditors and NOT the amounts) that although a certain creditor is included in the Chapter 13, the AMOUNT is wrong. The amount that should've been listed on the Schedule F is larger (which is the amount that shows on the credit report as a collection) than what my attorney actually put on there.
Can I still have my attorney correct this problem or is it too late now ?
How can I resolve this ?

Thank You kindly for any response.
 


latigo

Senior Member
I don’t see the problem, frankly. Not as long as the name and address of the unsecured creditor in question was listed in Schedule F.

In the course of setting up to administer the Plan the Trustee would have included only those unsecured creditors whose claims were timely filed and would have based partial distribution on those amounts. Assuming that the creditor filed its claim any discrepancy between the amounts declared in the Schedule and the Proof of Claim should have been resolved then.

If the Plan is successfully completed, the creditor will be discharged regardless.

This is just my take, however. Talk to the attorney you paid for the services and/or visit the offices of the Trustee.
 

Prisoncop

Junior Member
I don’t see the problem, frankly. Not as long as the name and address of the unsecured creditor in question was listed in Schedule F.

In the course of setting up to administer the Plan the Trustee would have included only those unsecured creditors whose claims were timely filed and would have based partial distribution on those amounts. Assuming that the creditor filed its claim any discrepancy between the amounts declared in the Schedule and the Proof of Claim should have been resolved then.

If the Plan is successfully completed, the creditor will be discharged regardless.

This is just my take, however. Talk to the attorney you paid for the services and/or visit the offices of the Trustee.
Thank you very much for your response. I went to my attorney's office today and handed his paralegal my trimerge. She basically said the same thing that you said in your response. I was concerned that this creditor will come after me once the Chapter 13 is discharged and demand the money but my paralegal said that IF this creditor would do so, we could sue and then they would pay me money :)
She'll contact the collection agency that is handling this for the original creditor and hopefully, it will appear as included in the bankruptcy.

Thank You again for your kindness.
 

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