Q: I also received a summary of trustee’s final report and application for compensation. The last page looks like this:
Timely claims of general (unsecured) créditos totaling $35,118 have been allowed and will be paid pro rats only after all allowed administrative and priority claims have been paid in full. Does this mean I have to pay that or they telling me they will pay it or they paid it??
A:
The Trustee's report is about what the trustee will pay, or has paid, to creditors. Secured and priority claims are always paid before any distribution to general unsecured claims, which in either a Ch. 13 or Ch. 7 are usually discharged at the end of the case.
A quicker way to get this answer would have been to contact your trustee's office directly, or your lawyer.
Yelena Gurevich and Theodore Allan Greene agree with this answer
A:
You need to review these claims and the provisions of your chapter 13 plan with your attorney.
There is no "they" that pays anything in chapter 13 besides you. You are the one paying into the plan and that is how creditors get paid.
What does that mean about how much your unsecured creditors get paid? You will have to look at your plan and ask your attorney.
If you didn't have an attorney, that makes YOU solely responsible for understanding the law and what is in your plan.
A: Plan payments you make to the Trustee are the funds used to pay allowed creditors and administrative expenses of the case that are incurred by the Trustee. It is important to review the documents sent to you by the Trustee to make sure the creditor list is accurate. If you do not have an attorney representing you in the chapter 13 case, you should seek advice from a local attorney to review the documents and provide further details so you understand what is happening with your case. A Trustee's final report usually is a report of what has been paid - not what is going to be paid. Earlier in the case, you should have received another report called Notice of Intent to Pay claims from the Trustee. You should also be receiving or have received Trustee reports throughout the case that provides information on the distributions made by the Trustee - two reports per year are sent out.
A: All payments described in the trustee's final report will be paid by the trustee utilizing funds derived from non-exempt assets. You will not personally be responsible to make any such payments.
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