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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 115463
Experience:  Attorney At Law handling education matters.
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Being under an approved Chapter 13 plan with 20 months to

Customer Question

Being under an approved Chapter 13 plan with 20 months to go ,
Can a local district court create a new award for a (non existent past debt ) from years prior that was not in your name and made no claim as to your debt prior to plan approval . Can they attempt to confiscate your property, to satisfy this newly created award , , all this outside of the oversight of the Federal bankruptcy Courts.are there exceptions , that allow a new claim to be made without going through the bankruptcy courts. ?
if there are can you give a simple example ?I can really use some solid advise and help in this arena. I thought the purpose of the Bankruptcy was to have control over disbursement of any assets, funds that I may receive.was notified by bankruptcy courts
In this if a debtor had never made a claim after being notified is it possible that a local district court can make a new monetary award while you are in bankruptcy protection ., that was a past debt you pay that past debt that is not in your name. Then attempt to disburse the funds rd after made claim, without going through the bankruptcy courts
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  DrakeLAW replied 10 months ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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Generally, you are correct, being in a chapter 13 prevents that but I am trying to understand what has happened. The district court doesn't make an award, I assume someone sued you in District Court, is that right?

Customer: replied 10 months ago.
Circuit court , bankruptcy plan confirmed June 2014 through a hearing in us fed court , my ex spouse was allowed to make a claim beyond the deadline because they had the stay lifted, for the sole purpose of going forward with divorce proceedings. Office Divorce order was issued may 2014.. 100k award included as a non priority, outside of plan . the cosa overturned this award and sent it back to the circuit court on remand. Now the circuit court finally is to look Kat an the remand, my ex wants to ask them to add lots of additional expenses, it even includes a debt for which the bank and the deed of trust and the bankruptcy courts conclude and state it is not my debt. So the question becomes , what if any debt can be retroactively added to me , what procedure must be followed if the circuit courts impose additional arbitrary awards. . Unfortunately , the antics, anomalies and bias in this case is beyond belief. Do you best to answer based upon bankruptcy normal.. inside plan ...outside plan... priority , nonriority claims , who is overseeing all this attempted theft, the bankruptcy courts, the circuit courts ?? What protection should I be receiving if any from the federal courts??
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR, as your previous contributor had to leave.

If these debts are included in the CH 13 bankruptcy and have been extinguished, then you should be asking the district court to dismiss the claims of your ex as being discharged in bankruptcy. However, if these debts were not extinguished in the CH 13, the bankruptcy court through the court and trustee would decide what the repayment plan would be or possibly your attorney could reexamine all of these new claims and seek to modify your CH 13 to a CH 7 and get all of these debts extinguished. The district court should not be entering awards if the bankruptcy is still active and these are claims from during the bankruptcy period and if they are then you need to move the district court to dismiss the awards based on the bankruptcy and force him to take the claims to the bankruptcy court and then look to change to a Ch 7 if you cannot pay those debts. That is how to get protection.