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Category: Bankruptcy Law
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I filed Chapter 13 bankruptcy in 2010. I am now being sued

Resolved Question:

I filed Chapter 13 bankruptcy in 2010. I am now being sued by a former employer for $7,500 that they paid for my tuition before I left the company. I left within 12 months of receiving the last tuition payment. Is it possible to have that $7,500 included in my Chapter 13 now?
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  Roger replied 10 months ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question. I'll be glad to assist.

Unless the creditor has filed an adversary proceeding against you in bankruptcy court, then the creditor would be in violation of the automatic stay. Thus, you would be able to file a motion to dismiss and also possibly file a claim against the creditor for violating the automatic stay.

If the claim was properly filed in bankruptcy court, then you could include the debt in your plan by amending it.
Customer: replied 10 months ago.

I dont know if I can follow up with a bit more information just to clarify. This is not a debt that I had before the bankruptcy but after. So, I filed in 2010, went to work for them in 2011 and left in 2012. Could they still be considered in violation of an automatic stay and their lawsuit dismissed? They have not filed anything against me in bankruptcy court.

Expert:  Roger replied 10 months ago.
If you're in bankruptcy and protected by the automatic stay, any claim filed against you should be filed in bankruptcy court.

You should consult your attorney about filing a motion to dismiss the case as it should be a violation of the automatic stay.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26108
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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