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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11783
Experience:  JD, MBA
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I am in a chapter 13 case. It only has my home in it to get

Customer Question

I am in a chapter 13 case. It only has my home in it to get caught up on back payments. It is in my name only and not my husband's. I recently filed a writ of execution on a past debtor that has turned into a legal nightmare. The court ruled against me and sanctioned me with his attorney fees. Can they collect on their sanction while I am in the chapter 13? Can they do a writ of execution on my furniture? Who owns the furniture in our house. I do not work as I am a housewife.
Submitted: 6 months ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 6 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Q: Can they collect on their sanction while I am in the chapter 13?

A: No, they can't collect on the sanction while you're in the Ch13 Plan because the automatic stay prevents any collection activity.

Q: Can they do a writ of execution on my furniture?

A: No, the automatic stay prevents any collection activity.

Q: Who owns the furniture in our house.

A: I assume that you own the furniture, though I don't know anything about your furniture. I assume that you were able to exempt it all such that the bankruptcy trustee can't get it.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 6 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!