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JON M. WAAGE STANDING CHAPTER 13 TRUSTEE
MIDDLE DISTRICT OF FLORIDA
TAMPA & FORT MYERS DIVISIONS
Chapter 13 Claims FAQs
Frequently Asked Questions About Claims And Payments To Creditors
I am a creditor in a chapter 13 case and I would like to know when I am going to be paid. (or I am a debtor, why hasn't the trustee paid this claim)?
Why are you paying one of my creditors twice?
I am a debtor and the court confirmed my Plan, yet I keep getting late notices from a creditor?
The Internal Revenue Service kept my tax refund. Can they do that?
My chapter 13 case was confirmed providing for only a minimum dividend to general unsecured creditors. Why do I have to continue paying when these creditors have received their minimum?
I am a creditor and my secured claim which I filed last month was valued by the debtor. Do I need to amend my proof of claim?
I am a creditor and I received the Order Confirming Plan and I noticed the amount of my claim is incorrect. What are you going to do about it?
If the secured portion of my car loan is paid in full through the chapter 13 Plan, can I have my title to my car?
Why are you paying one of my creditors twice?
I am a debtor and the court confirmed my Plan, yet I keep getting late notices from a creditor?
The Internal Revenue Service kept my tax refund. Can they do that?
My chapter 13 case was confirmed providing for only a minimum dividend to general unsecured creditors. Why do I have to continue paying when these creditors have received their minimum?
I am a creditor and my secured claim which I filed last month was valued by the debtor. Do I need to amend my proof of claim?
I am a creditor and I received the Order Confirming Plan and I noticed the amount of my claim is incorrect. What are you going to do about it?
If the secured portion of my car loan is paid in full through the chapter 13 Plan, can I have my title to my car?
Answers Questions About Claims And Payments To Creditors
I am a creditor in a chapter 13 case and I would like to know when I am going to be paid. (or I am a debtor, why hasn't the trustee paid this claim)?
a) If the Plan is not confirmed, be sure to file your proof of claim and wait for the Notice of Confirmation Hearing. Claims cannot be paid until after the Plan is confirmed.
b) Once the Plan is confirmed, the court will enter an Order Confirming Plan. This order will generally explain how each claim is being treated and in what order it will be paid. If your claim is not listed on the "Exhibits" to the Order Confirmimg Plan, then check whether a claim was filed and registered, or whether the court entered a separate Order Allowing or Disallowing this particular claim. The trustee's office will be happy to look into the matter. Please call the claims department with any questions you might have.
c) For cases filed on or after October 17, 2005 a secured creditor may receive pre-confirmation adequate protection disbursements.
d)The trustee pays only those claims which were filed, allowed and dealt with under the confirmed Plan.
(1) If a claim was not filed, it is unlikely that it will be paid.
(2) The trustee may object to tardily filed claims.
b) Once the Plan is confirmed, the court will enter an Order Confirming Plan. This order will generally explain how each claim is being treated and in what order it will be paid. If your claim is not listed on the "Exhibits" to the Order Confirmimg Plan, then check whether a claim was filed and registered, or whether the court entered a separate Order Allowing or Disallowing this particular claim. The trustee's office will be happy to look into the matter. Please call the claims department with any questions you might have.
c) For cases filed on or after October 17, 2005 a secured creditor may receive pre-confirmation adequate protection disbursements.
d)The trustee pays only those claims which were filed, allowed and dealt with under the confirmed Plan.
(1) If a claim was not filed, it is unlikely that it will be paid.
(2) The trustee may object to tardily filed claims.
Why are you paying one of my creditors twice?
a) Either a creditor being paid under the confirmed Plan filed a split claim or your attorney filed a Motion to Determine Secured Status on your vehicle, which causes the claim to be split. You are paying the secured portion in full with interest, and a specified percentage on the unsecured portion.
b) In cases filed on or after October 17, 2005 a secured creditor may be paid separately for regular ongoing payments and the pre-petition delinquent amounts.
b) In cases filed on or after October 17, 2005 a secured creditor may be paid separately for regular ongoing payments and the pre-petition delinquent amounts.
I am a debtor and the court confirmed my Plan, yet I keep getting late notices from a creditor?
Have the creditor call our claims department to verify that they are included in the confirmed Plan. If they are not included in the plan, contact your attorney for further assistance.
The Internal Revenue Service kept my tax refund. Can they do that?
Please review the Order Confirming Plan to determine how the Internal Revenue Service claim was to be treated. The Internal Revenue Service has requested that our office tell debtors to contact the Special Procedures staff of the Internal Revenue Service in Jacksonville (904-665-0844) or Fort Lauderdale (954-423-7830) directly. Any refunds sent here are subject to the trustee’s review.
My chapter 13 Plan was confirmed, but it provided for only a minimum dividend to general unsecured creditors. Why do I have to continue paying on the Plan after these creditors have received their minimum?
The court's Order Confirming Plan provides, in part, for the debtor to pay a certain amount for a specific number of months. The Plan is terminated only after all payments due under the confirmed Plan are complete or all claims are paid a 100% dividend.
I am a creditor and my secured claim which I filed last month was valued by the debtor. Do I need to amend my Proof of Claim?
The court's order valuing the secured claim is controlling, however, an amended proof of claim indicating the amount of secured and unsecured indebtedness which is in line with the court's order is appreciated. If an amended proof of claim is not filed, however, our office will bifurcate the original proof of claim in our records and pay it according to the court's order valuing the claim.
I am a creditor and I received the Order Confirming Plan and I noticed the amount of my claim is incorrect. What are you going to do about it?
The Trustee will endeavor to make sure that all claims are paid according to the proof of claim which is filed in the case. It is most helpful if creditors contact our office when they feel that there is a discrepancy. If an error is made by our office, the Trustee will take the necessary steps to correct the error in his records.
If the secured portion of my car loan is paid in full through the Chapter 13 Plan, can I have my title to my car?
It is up to the court and/or the individual creditor as to when they release the title. Our office does not hold the title and has no authority regarding the title nor do we have any information on when the creditor may release it.
