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I filed personal bankruptcy chapter 7 in 2011 and chapter 13…

I filed personal bankruptcy chapter...
I filed personal bankruptcy chapter 7 in 2011 and chapter 13 in 2012. I receive a discharge for chapter 7 in 2012 and paid off my chapter 13 obligation in 2016. I did not not receive a discharge in the chapter 13 that follows the chapter 7 because the ch 7 did already discharge all dischargeable debts.
Since a portion of the tax was not dischargeable, I chosed to pay it in the chapter 13, not asking for another discharge, but merely paying the debt.EDD is now claiming there was interest accruing during the chapter 13, then it should have been paid in the chapter 13. apparently the plan did not provide for the accumulating interest.The trustee had two accounts based on EDD claim.
Claim 1- Secured/Priority
An obligation that we owe and backed by collateral.
• EMPLOYMENT DEVELOPMENT DEPT - PRIORITY - (J) $41,757.69 of $41,757.69 Principal
Claim 2- Unsecured Non priority
An obligation or debt that does not have any property serving as collateral for the repayment of the debt.
• EMPLOYMENT DEVELOPMENT DEPT - UNSECURED - (L) $8,645.15 This was accrued interest paid on the tax.
EDD interest non-priority unsecured amount was paid through the Bankruptcy court.Do I owe this additional $ 5,167.90 accrued interest? I thought once you file a chapter 13 all interest stops accrual?
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Answered in 2 hours by:
8/15/2017
DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,037
Experience: Attorney at Drake Law Firm PLC
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Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Chapter 13 will stop interest accruing on general unsecured claims but not secured or priority claims. Is the $5,167.90 in interest coming from the secured/priority claim?

If so, that really should have been built into the calculation of the chapter 13 payment.

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Customer reply replied 6 months ago
I believe it was on unsecured claim. I believe it is coming from the unsecured.I believe it was not built in to the plan. If it is not built in the plan do they have legal grounds to collect from me now?

Interest should not have been accruing on the unsecured claim. Find out for sure whey they claim the interest is coming from.

No, because you did not get a 13 discharge, the debts are still "alive." So that unsecured portion that is not paid, would start accruing interest again for example and any underpayments to any creditor in the plan can still seek full payment of their claims. It is the discharge that actually gets rid of the debt.

Please kindly rate the question so I may be credited. Thank you. You can still ask follow-up questions.

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