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What does amended claim from a creditor mean in a chapter 13 case?
Wiki User
∙ 11y ago
It depends on when the amended claim is submitted. If before the plan has been approved, it means you owe more - or less - than the original claim, and the plan may have to be amended.
If after, it may mean you have not paid all the payments due since the case was filed and your case may be open to a dismissal motion and order.
Talk to your lawyer.
Wiki User
∙ 11y ago
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How does someone collect money owed from a person who has already filed chapter 13?
You should file a claim in his/her Chapter 13 case; you may or may not get your money back. If you don't file a claim, you're out of luck; he/she is protected by the automatic stay while in Chapter 13, and by the discharge afterwards. (If you think it's fraud, consult an attorney.)
If someone filed chapter 13 then converted to 7 can they refile a 13 as soon as the 7 is dismissed?
PROBABLY if one is in a Chapter 13 and that debtor converts to Chapter 7, that debtor can re-file another Chapter 13 immediately after the Chapter 7 discharge. I say "probably" rather than "yes" for a few reasons: (1) There is no Bankruptcy Code section that prevents immediate filing of a Chapter 13 after a Chapter 7, but a creditor could object to the new Chapter 13 and argue that the debtor is abusing the Bankruptcy Code, an argument the Court may or may not be swayed by based on the circumstances of the case; (2) If a debtor voluntarily dismisses a Chapter 13 once a Motion for Relief from Stay has been filed in the Chapter 13 case, that debtor is automatically barred from re-filing another Chapter 13 for 180 days (see 11 U.S.C. 109(g)(2)). So, a creditor may argue that conversion to Chapter 7 is akin to voluntary dismissal and so the debtor should be barred from filing another Chapter 13 for 180 days if a Motion for Relief was filed in the prior Chapter 13 case (and I have no idea if such an argument would work for the creditor); and (3) Different districts may have different case law affecting the answer to this question, so it's probably best to consult a lawyer in your area. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
If a chapter 13 bankruptcy was voluntarily dismissed not discharged can it be removed from your credit file?
You can't get it removed. It is a public record. If you file a bankruptcy and get it voluntarily dismissed the next day, it will still be on your credit report. Also, by the way, not paying into a Chapter 13 plan is not a voluntary dismissal. The Trustee moved to have the bankruptcy dismissed. - The easier approach would have been to actually voluntarily have it dismissed. Regarding Nate's posting, I agree that non-payment of a Chapter 13 normally results in the trustee moving to dismiss your case, which is an involuntary dismissal. I have no idea if whether a Chapter 13 is voluntarily or involuntarily dismissed affects your credit rating differently (probably not, credit reporting agencies barely seem to recognize the difference between Chapter 7's and Chapter 13's, much less the way in which any particular case is dismissed), but there can be a big difference to the debtor whether a case is involuntarily or voluntarily dismissed if a creditor has moved to get property back. Once a creditor asks the court for permission to get back some property (such as a car or home), which they do by filing a Motion for Relief from Stay, then if you voluntarily dismiss your case you are barred from re-filing a new Chapter 13 for 180 days. This 180 days may be enough time for the creditor to foreclose/repo and sell the property. Once a creditor moves to repo/foreclose in a Chapter 13, many people prefer to be involuntarily dismissed so they can re-file a new Chapter 13 immediately and get protection again before the creditor sells the collateral. Please keep in mind this is not legal advice but simply a statement of what many people do in that situation from my perspective. So, while Nate (in the posting above) said it is easier to voluntarily dismiss, that does not mean it is always better to voluntarily dismiss, depending on the circumstances.
How long after you file a chapter 7 are you supposed to turn over property or do you wait for the meeting of the creditors so the court can tell you?
In the case of a home, it will be sold at Sheriff sale on its own. (or the Trustee may sell it) In the case of any other property, the Trustee must abandon the property, then the Creditor will contact you (or your attorney if you have one) to arrange to get the item. If its a car, or some other type of personal property, you can sometimes accellerate the process by calling the creditor's attorney. (Or the creditor if they don't have one) Ask the Trustee at your 341 hearing (meeting of the creditors) what he/she thinks. They may abandon it right there.
How long does a bankruptcy take to discharge in Idaho?
The time-frame for a Chapter 7 bankruptcy case in Idaho is the same as all other states. The discharge should arrive between three and four months after filing. This assumes that no creditor nor the Trustee has filed an objection to such discharge.
How is a claim filed as an unsecured creditor to the US bankruptcy court case 07-23686-RG?
"How is a claim filed as an unsecured creditor to the US bankruptcy court case 07-23686-RG?"
If you filed bankruptcy and one of the creditors had a lien on a car do you get the title back after the bankruptcy is final?
It really depends on the type of bankruptcy petition you file. If you file for Chapter 7 bankruptcy the creditor who put the lien on your car may be able to take your vehicle. If you file for Chapter 13 bankruptcy you'll have the opportunity to make payment arrangements with your creditor and in that case you should get the title back after all of your payments are made and your amended. contract with the creditor has been fulfilled.
Can a creditor claim assets held for a beneficiary in trust in case of bankruptcy of the beneficiary?
Not if the trust was properly drafted by a professional.
What happens when a creditor doesn't file a proof of claim in a bankruptcy case?
If it is not a secured debt it will be included in the bankruptcy discharge.
How do you add a creditor to a Chapter 7 filing that was erroneously omitted?
In some jurisdictions, you may not need to add an unintentionally omitted (e.g., California, Central District, 9th Circuit) where your case was a "no asset" chapter 7 case, meaning no assets were sold to pay off creditors; however, in other jurisdictions, you have to file a Motion To Reopen Chapter 7 Case To Add Unintentionally Omitted Creditor
If the amount of claim on Schedule F of bankruptcy shows no dollar amount does this mean that the debt is not included in the bankruptcy?
If its a Chapter 7 case, the debt most likely will be discharged. If its a Chapter 13, the amount is used for plan calculation. In either case, the debt is "included". If the creditor is not paid under the Ch 13 plan, there may be a problem there. (Depending on if the creditor cares) Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
What does Admin granted claim mean?
If this is involved in a probate case, it normally means that the administrator of the estate of the deceased has taken action to pay off an outstanding claim that was taken out by a creditor. It's a receipt of sorts, that provides proof that the creditor has been paid.
Can a creditor file an adversarial claim in bankruptcy court in a personal 7 bankruptcy for something that they contend occurred during a business bankruptcy 2 years previous. No claim was filed then.?
No, a creditor is required to file a claim if seeking payment, otherwise that claim is considered waived. So in this case. if there was no claim, then it was waived and the debt discharged. But even if it was filed, it would have been discharged in the business BK.
What happens when a creditor does not file a proof of claim for a secured debt in a bankruptcy case?
A secured creditor does not need to file a such a claim, the lien against the property is sufficient proof. Generally the lien holder/lender will ask for the automatic stay to be lifted so foreclosure or repossession action can continue or be implemented against the property. In a chapter 7 bankruptcy the borrower must be able to reaffirm the secured debt to avoid recovery or litigation action from the lender.
Can a debt collector demand payment for an amount that has been included in a chapter thirteen bankruptcy?
If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.
How To Find Out About Bankruptcy Claim Procedures?
When a debtor files for bankruptcy - and the debtor’s estate is deemed to have assets - a creditor has the option of either filing a claim or simply forgetting about the debt and writing off the outstanding amount. What a creditor will decide to do will depend mainly on how much money there is in the estate and how much of a payment he or she will get. Filing a claim in a bankruptcy - be it a Chapter 7 or a Chapter 13 case - can be a tricky process, and a creditor should thoroughly research the matter before completing any claim documentation. Creditors will usually receive notification of a bankruptcy from the Bankruptcy Court, and, immediately upon their receiving this notification, they should inspect their records to determine exactly how much the debtor owes them and also start collecting all relevant supporting documentation. They should also refresh themselves on the basic terms and conditions of their contract with the debtor that underlies their claim in order that they may determine whether their claim is secured, priority or unsecured. In complicated cases, it would, perhaps, be best if they consult with their attorneys regarding the aforementioned matters. A further possibility is that a debtor will file for bankruptcy and will not, for whatever reason, list one or more of his legitimate creditors on his bankruptcy schedules. In these cases, the forgotten creditors should consult with their attorneys as soon as they find out they’ve been left off the list so that they can request the debtor to amend his or her schedules and list the money owing to them. The Bankruptcy Court will also provide each creditor with a claim form, which has to be completed - correctly - and filed with the court by a certain date before any money can be paid out to them. Distributions are not, however, paid out as soon as a creditor has filed his or her claim, and, if there are indeed awards payable by an estate - this is not always the case - the payments will all be made simultaneously by the trustee just prior to the estate’s finalization.
If you forget to include certain items in your bankruptcy case can you refile or are you stuck?
Generally, if you forgot to put items in a Chapter 13 case or a Chapter 7 ASSET case, then you are stuck if you fail to add those creditors before the case closes. If you forgot to put items in a Chapter 7 NO ASSET case, then you can usually file a Motion to Reopen the case (for which the court charges a $260 fee as of 5/12/07) and then you file an Amended Schedule F (or D or E as is applicable) and add the creditor (for which the court charges a fee of $26 as of 5/12/07). You also have to pay attorneys fees for the attorney who does this for you. To add a debt to an old bankruptcy case, the debt must have been incurred before the case was originally filed unless it was a Chapter 13 converted to Chapter 7, in which case the debt must have been incurred before the case was converted to Chapter 7. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks! tooo bad tooo bad
