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Unscheduled Debt with Pending and Confirmed Chap 13
File a priority claim on behalf of the entity
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> On Aug 11, 2017, at 5:02 PM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
> Dear List,
>
>
>
> I have a client in a pending and confirmed Chap 13 case. They had a debt that they forgot about and was never disclosed to me, and as such was not scheduled. It was a penalty/fine from a government agency for an old business they had. I assume that the penalty/fine is non-dischargeable since its a government penalty/fine.
>
>
>
> Based on the proposed plan and the POC's filed, there appears to be a surplus that could cover the payments to the government agency. I've never dealt with this issue before. What is the way in going about handling this?
>
>
>
> Thanks,
>
> Tuan Le
>
>
The post was migrated from Yahoo.
I had a chapter 13 from about 20 years ago, where a series of (unknown anddisputed) claims were not identified in the schedules (ie, construction claimants, asbestos, or something of the kind).
We filed a motion to reopen the claims date as to them so they could be paid with the other creditors (1% or some nominal amount) - no one objected(and I don't think anyone ever filed a claim).
I don't believe we did it as a motion to modify, but more like in an 11
where we asked the court to set a bar date for the new class of claims.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
_Canoga Park, California 91303_ (x-apple-data-detectors://0/0)
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: ssoesq@aol.com
_www.shaioved.com_ (http://www.shaioved.com/)
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by The State Bar of California Board of Legal Specialization.
In a message dated 8/11/2017 5:02:21 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Dear List,
I have a client in a pending and confirmed Chap 13 case. They had a debtthat they forgot about and was never disclosed to me, and as such was notscheduled. It was a penalty/fine from a government agency for an old
business they had. I assume that the penalty/fine is non-dischargeable since its
a government penalty/fine.
Based on the proposed plan and the POC's filed, there appears to be a
surplus that could cover the payments to the government agency. I've never
dealt with this issue before. What is the way in going about handling this?
Thanks,
Tuan Le
I had a chapter 13 from about 20 years ago, where a series of (unknownand disputed) claims were not identified in the schedules (ie, construction
claimants, asbestos, or something of the kind).
We filed a motion to reopen the claims date as to them so they could be
paid with the other creditors (1% or some nominal amount) - no one objected (and
I don't think anyone ever filed a claim).
I don't believe we did it as a motion to modify, but more like in an
11 where we asked the court to set a bar date for the new class of claims.
Very truly
yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd.,
Suite 220 Canoga Park,
California 91303Tel: (818)
992-6588Fax: (818)
992-6511Email: ssoesq@aol.com
The post was migrated from Yahoo.