QUESTION

What happens when you lose a judgement while in chapter 13 from a creditor and you have 5 months left in the term and you can't pay it?

Asked on Dec 21st, 2014 on Bankruptcy - Colorado
More details to this question:
Can it be extended past the 60 months?
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4 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Because of the amount of time needed for the bankruptcy trustee to audit your file, a Chapter 13 case seldom closes at the time the 60th payment is made. However, your description of what occurred raises a lot of questions which an attorney familiar with your file should answer for you.
Answered on Dec 23rd, 2014 at 2:40 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Chapter 13 plans can't be extended past 60 months. Creditors can't sue you for debts incurred before the Chapter 13 filing date and Chapter 13 doesn't apply to debts that you created after the filing date. I don't understand what circumstances would lead to a judgment for a pre-petition debt after 56 months in a Chapter 13 plan.
Answered on Dec 22nd, 2014 at 7:51 PM

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60 months is the maximum length allowed in Chapter 13's. You may want to consider paying an experienced BK attorney for one hour of their time to explore your options.
Answered on Dec 22nd, 2014 at 4:06 PM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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The short answer is that a Chapter 13 plan cannot be extended past 60 months. Period. What type of judgment? If for nondischargeability, you would just pay after the 13 is over. If you get harassed after your 13 is over and you have gotten your discharge and your case has been closed, perhaps filing another 13 would get you a payment plan you can afford in which you pay back only that debt or your spouse may be able to file a 13 to pay, but the stay your spouse gets you may be limited if the judgment is for a non-consumer debt. Ask your Chapter 13 counsel - if you and your counsel agreed to a Rights and Responsibilities Agreement, your counsel has a duty to answer reasonable consultations within the letter of the agreement without further charge - read the agreement closely to see what is included. Additional charges would be charged as the agreement requires.
Answered on Dec 22nd, 2014 at 4:06 PM

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