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Roger
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Category: Bankruptcy Law
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i am owed 12000.00 by someone who filed chapter 13 after i

Customer Question

i am owed 12000.00 by someone who filed chapter 13 after i servrd notice through small claims court shoul i go ahead with court case
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 2 years ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.

You cannot proceed with your small claims case against the person if he/she has filed chapter 13 bankruptcy because of the automatic stay provided in 11 USC 362. The automatic stay prohibits you from taking any action to collect the debt once the bankruptcy has been filed.

Instead, you will have to file a proof of claim with the bankruptcy court and allow the case trustee to collect on your behalf. The good thing is that because a chapter 13 has been filed, you should recover payment for your debt, as opposed to being paid nothing under a chapter 7.
Customer: replied 2 years ago.

bankruptcy is still in open state not finalized guess the answer is still the same


 

Customer: replied 2 years ago.
this is unsecured debt am i still allowed to file proof of claim
Expert:  Roger replied 2 years ago.
Yes, if the bankruptcy is open, you can't sue. You have to stop and file a proof of claim.

Yes, you need to fund a proof of claim even if you're a unsecured creditor.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27223
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
have not recieved a 341 doc or whatever it is called notifying me of intension to file bankruptcy can i still file proof of claim last question thanks for your help.
Customer: replied 2 years ago.
i have not recieved 341 or whatever the doc is called notifying me of intention to file bankruptcy can i still file proof of claim using case number ,have not recieved a 341 doc or whatever it is called notifying me of intension to file bankruptcy can i still file proof of claim last question thanks for your help.
Expert:  Roger replied 2 years ago.
Yes, you can go ahead and file a proof of claim without the notice.

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