QUESTION
Can those creditors come after me if they didn’t file?
Asked on Sep 25th, 2016 on Bankruptcy - Nevada
More details to this question:
My husband and I filed a chapter 13 in November 2015. Some of the creditors did not file against me or the time limit went out. I am thinking of stepping off. I am also thinking of firing my lawyer.
8 ANSWERS
1 Award
Not quite enough information to answer your question. If you listed a credit with a valid address at the time you filed the case, then it is the creditor's fault that they did not file a claim in time to get any of the chapter 13 money. If you did not list them with a good address or you listed them too late, then it is your fault and the debts will survive bankruptcy. Your attorney can provide you with a "BNC matrix" of the 341(a) meeting that shows who got timely notice of the bankruptcy filing.
Answered on Oct 26th, 2016 at 7:28 PM
Bankruptcy Attorney serving Waterford, MI
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Keith M. Nathanson PLLC
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Generally in a chapter 13, if a creditor who is notified does not file a timely proof of claim, they are barred from collecting in the chapter 13.
Answered on Oct 20th, 2016 at 6:43 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Creditors who hold dischargeable debts are forever barred from taking action against you if they fail to file a claim in your bankruptcy case. Most debts, credit cards, car loans, mortgages, medical bills, etc. are discharged. The most common types of debt which aren't dischargeable are: child support, spousal support, most student loans and some income taxes.
Answered on Oct 19th, 2016 at 6:03 AM
If you're considering dropping out of the bankruptcy, then the automatic stay against collection would no longer apply to you and creditors could come after you again. As long as you stay in the chapter 13, the creditors cannot attempt to collect and those who did not file claims cannot collect anything, as long as they had timely notice of your bankruptcy. It is possible to sever a bankruptcy case if you and your husband are not getting along or if you are dissatisfied with your lawyer. Then you would each have your own plan payment and separate case numbers but you would preserve the protection of the bankruptcy stay. In that scenario, you would want to have your own representation. This is not an uncommon situation and your new lawyer could handle everything.
Answered on Oct 19th, 2016 at 6:02 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I can't comment about your thoughts of firing your lawyer: I have no idea about his or her performance. I do think that you should have a lawyer in whom you have confidence. In a chapter 13, If you list a creditor on your schedules, then his/her/its claim will be discharged whether or not they file a proof of claim. No doubt there are a few exceptions but that is the general rule. Filing a proof of claim only gives the creditor the right to participate in any distribution of funds.
Answered on Oct 19th, 2016 at 6:02 AM
There's not enough information here to properly answer your question. Before you do anything, meet with an experienced BK lawyer. They will charge for the consultation, but better safe then sorry.
Answered on Oct 19th, 2016 at 6:02 AM
Creditors must file a Proof of Claim in a timely fashion if they are to get paid.
Answered on Oct 19th, 2016 at 6:01 AM
I have no idea what STEPPING OFF means. It sounds like your chapter 13 is going great. I also have no idea why you would want to fire your lawyer. Most ethical bankruptcy attorneys will not be willing to help you out of a jam if you fire your bankruptcy attorney and later get into trouble. You can accept advice or learn the hard way.
Answered on Oct 17th, 2016 at 5:37 PM