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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38507
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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FOR PAUL K ONLY I have a few new questions to ask, but want

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FOR PAUL K ONLY

I have a few new questions to ask, but want to make sure that you're still on here.
Paul K hasn't been online since April. If you want to wait, I'll opt out -- but if you want to ask me, I'll be happy to answer.
Customer: replied 3 years ago.

I guess it's just as well. I was trying to contact him because he gave me information that you have since controverted.


 


I was under the impression that it is acceptable to add a post-petition debt to a CH 13 and that any such debt would also be covered by the automatic stay. You said that it could be considered as having been done in "bad faith" which, naturally, is of great concern to me.

I guess it's just as well. I was trying to contact him because he gave me information that you have since controverted.

 

A: [sigh] Sorry about that. I do a lot of correcting the legal errors of others around these parts.

 

I was under the impression that it is acceptable to add a post-petition debt to a CH 13 and that any such debt would also be covered by the automatic stay. You said that it could be considered as having been done in "bad faith" which, naturally, is of great concern to me.

A: My previous answer stands as written. But, there are a lot of other bankruptcy lawyers here, so, maybe you should consider posting the same question a few times, and getting a second, third, or even a fourth opinion. If someone shows you a means of doing what I say cannot be done, then I'll be happy to learn something new.

Hope this helps.
Customer: replied 3 years ago.

As you noted previously, neither the court nor the trustee has objected. I wound up filing pro se because the first lawyers I hired knew less than is known commonly. The judge agreed.


 


All things considered, what should I do now to CMA ?

The problem with your circumstance is that a Chapter 13 postpetition debt can only be added to the bankruptcy plan if the creditor files a proof of claim. The debtor cannot force a postpetition creditor into filing a proof of claim -- neither can the debtor file the proof of claim for the creditor, because the creditor can object to the claim as a means of maintaining the postpetition debt.

The only way out of this during your Chapter 13, in my opinion is to file an adversary proceeding and prove that you do not owe the debt at all, because the creditor has created a fraudulent debt as a means of protecting itself.

Alternatively, you could wait until the bankruptcy ends and the creditor tries to collect in state court, at which time you could counterclaim or defend that the debt is a fraud.

Or, you could convert to a Chapter 7 now, and that would include any and all of your postpetition debts.

Those are the options. There are no others that I can see.

Hope this helps.
Customer: replied 3 years ago.

Thanks. I finally believe that I have some authoritative answers. What concerns me is that there are so many lawyers out there who are charging $250+/hour who dont have a clue. Rest assured that I'll be seeking answers about the adversary proceeding as there have been numerous violations of the stay even aside from this issue.

In the words of the late U.S. Supreme Court Chief Justice Warren Berger, most attorneys in the USA are not qualified to practice law. See this link. So, it's no surprise that you meet constant incompetency in your efforts to find appropriate legal representation.

But, let's not digress into a political discussion. Suffice it to say that you should question every answer you receive, whether from me or anyone else. I research every answer before providing it to a customer -- even if I think I know the answer from memory. The reason is that the law changes, and it may be slightly/dramatically different in every state jurisdiction.

Assertions of law are statistically at least 50% wrong. That's why there are judges: to declare winners -- and losers. Someone is always wrong.

Hope this helps.
Customer: replied 3 years ago.

Dont even get me started as I was a litigation strategist for many years before I became disenchanted with it all.

Then we're each "preaching to the choir." Nuff said about dat! Later, gator.
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

I'm not a lawyer though. Just an MBA with a Master's in I/O Psych.