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Category: Bankruptcy Law
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I filed CH 13 a few months ago. A business relationship that

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I filed CH 13 a few months ago. A business relationship that began 2-3 weeks before I filed resulted in me being defrauded of several thousand $. I amended my petition and added the unsecured creditor who now says that the "debt" is post-petition and therefore not eligible for discharge. The creditor has violated the auto stay multiple times, assuming they are bound to it. What, if any, are my options ?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

Even though this may be a post-petition debt, the creditor is still bound by the automatic stay and cannot collect the debt until either the automatic stay is terminated or the creditor receives permission to collect from the bankruptcy court.

HOWEVER, you cannot include the post petition debt in your bankruptcy UNLESS the creditor agrees to it. If the creditor will not agree, then it would not be included in the plan and would not be discharged through Chapter 13. The only possible option would be to convert to a Chapter 7 and get a discharge that way.

Here's a good link you can read: http://www.thebankruptcysite.org/resources/bankruptcy/chapter-13/chapter-13-bankruptcy-estate-and-postpetition-claims
Customer: replied 1 year ago.
What about the fact that they have made innumerable, post notification, attempts to collect: emails, collection agency calls, withholding refunds, withholding 1099 form, ... ?
Expert:  Roger replied 1 year ago.
You could file a motion for sanctions due to the violations of the automatic stay, but the debt should not be wiped away because it's not included in the bankruptcy to begin with if it is a post-petition debt.

HOWEVER, if the debt is not post-petition, then the penalties could be more severe, and the court could actually wipe away the debt due to the violations of the stay.

Thus, the initial matter would be to as the court to determine whether the debt is post or pre petition.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26860
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
I've already filed a motion for Contempt and another motion in support of the first. What's likely to happen with these ? Also, what are my options to have this matter discharged eventually ?
Expert:  Roger replied 1 year ago.
All you can do is raise the issue of contempt/violation of the automatic stay with the court and have the judge address it. The court can/should reprimand the creditor for violating the stay.

The only way to get this debt discharged would likely require a conversion to chapter 7.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26860
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Bankruptcy Law Specialists are ready to help you

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