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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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we filed a ch 13 bk in 2006. we did not get a discharge due

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we filed a ch 13 bk in 2006. we did not get a discharge due to filing a ch 7 bk in 2003. we were assured by out bk attorney that it did not matter, because all of the creditors were being pd 100% in the plan. well our bk attorney was wrong. now 2 years after completion of the 13 bk, we have debt collectors calling. However, this debt that they are asking us to pay was deleted from our credit reports by the creditor a few months ago. are we responsible for the debt? we are in Indiana if that matters any. My contact info is Tammy Fugate XXX-XXX-XXXX [email protected]

Hi JACustomer,

Were all the debts in question paid in full over the course of the Chapter 13 plan?

Customer: replied 6 years ago.

We paid all that we were required to per the plan guidelines. However, the debts were not completely satisfied. For example, this debt , the total owed before the bankruptcy was 1400. They received 400 during the course of the plan. Now they are asking for the remaining 1000 2 yrs after the plan was completed.

Since the debt was not paid in full - the creditor can try to collect, since it was not discharged because of the prior Chapter 7 Bankruptcy. Bankruptcy Stat. 1328(f)(1).

However, in case you are interested, you can file another Chapter 13 once 2 years have passed since the prior Chapter 13 was discharged. Bankruptcy Stat. 1328(f)(2).

Since there was no discharge for your Chapter 13, there is no minimum time requirement.

I think this is what you wanted to know. If not, please let me know.
Thank you!

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