Aftera Chapter 13 bankruptcy is discharged, does any creditor still need to be paid?

UPDATED: Mar 4, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 4, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Aftera Chapter 13 bankruptcy is discharged, does any creditor still need to be paid?

I am asking this because I got into a dispute with the attorney who represented me. I paid $1,500 and they were listed as a creditor, now he is saying that I still owe him $1,500. Do I have to pay this? The beginning amount was $978 and then because they mishandled my case and had to do some other paperwork, they charged me an additional $522. They were trying to stop me from being discharged so they put this down as supplemental fees and they are using that as something separate and in fact it was all the same thing. I paid other money too. I got my discharge.

Asked on March 4, 2011 under Bankruptcy Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A chapter 13 bankruptcy is known as a reorganization of debt rather than a total elimination of certain debt, like a chapter 7 bankruptcy.  You say that the attorney listed himself as a creditor.  This was to insure protection of the debt owned by the bankruptcy court and to make sure that he was paid.  This is not unusual.  And bankruptcy petitions can be amended to keep the status of the debt owed "current" and know to the trustee.  But your claim here is that they are charging you for mishandling the proceeding and that the fees were not justified.  What was the amount that they listed as owed if you paid $1500? This needs to be determined.  Also, what did it say in the repayment plan? More facts and a time line are needed here.  If you think that they did something that was wrong explore it.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption