QUESTION
Does the bar date for filing a claim in chapter 13 reset if case is dismissed then reinstated?
Asked on May 04th, 2017 on Bankruptcy - Nevada
More details to this question:
I filed a chapter 13 on December 15, 2016.The 341 meeting was January 26, 2017. The case was dismissed on March 2014 and reinstated as a 100% plan on May 02. The original bar date for filing a claim was April 26, 2017. Several creditors did not file a proof of claim. On the order of reinstatement, it says the new deadline to file a claim is August 02, 2017. Does this sound right, a fresh 90 days?
3 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The bar date doesn't change when a case is dismissed and reinstated.
Answered on Jul 31st, 2017 at 4:35 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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That is correct, they get a fresh 90.
Answered on Jul 28th, 2017 at 10:32 PM
Yep, a case that is reinstated will offer the creditors extra time to act because of the confusion involved with a dismissal.
Answered on Jul 28th, 2017 at 10:31 PM