QUESTION

When Chap 13 Plan expires but new Creditor emerges and Trustee extends plan does extension renew payment schedule for prior Plan Creditors?

Asked on Nov 21st, 2012 on Bankruptcy - New York
More details to this question:
Can I withdraw my Proof of Claim and ask Trustee to Kill the Extension in order for me to pursue other collection options and If Extension of Plan is Confirmed but I'm not included in that Plan can I, as a Judgment Creditor under Section 11 USC 523, pursue my own collections against Debtor, i.e. wage garnishment?
Report Abuse

1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
It depends on the plan terms.  While the bankruptcy is open, you are stayed from actions against the debtor under state law, like garnishment.
Answered on Nov 23rd, 2012 at 6:25 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters