Chapter 13 questions

These are questions your attorney should be answering.....that is what you pay him for.

Unsecured creditors who dont file a claim are basically SOL.

I can't say with any certainty, but here's my experience from customers that BK on me:

There's an "original" plan, which states your monthly payment to the trustee, and breaks down the estimated GUC's and how much they will get paid out of the plan.

After the deadline to file claims has passed, I've usually seen "modified" plans come in which adjust the percentages paid to GUCs. For example if the original plan called for 10% paid out to unsecured claims, and then it turns out that actual claims filed were far below the estimate, they might adjust it to 25% paid out to GUCs. (IE your payment stays the same, but the creditors that filed claims just get a larger piece of the pie, so to speak).

Now that's just my experience. Your BK attorney could specifically answer your question better than I can.

And yes, creditors that don't file claims are SOL. They cannot later come back after you for any balance .... That is, assuming 1) they were listed in your BK and actually received notice of the case to give them an opportunity to file a claim, and 2) you carry out the plan to completion and the BK gets discharged. If your BK case gets dismissed for non-payment, then they will be free to pursue the debt again, regardless of whether or not they filed a claim.