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Ray
Ray, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 38286
Experience:  30 years in civil, probate, real estate, elder law
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I Have a Bankruptcy question. District of Connecticut. I

Customer Question

Hello I Have a Bankruptcy question. District of Connecticut. I filed a chapter 13 petition in 7/2012, I converted to a petition under chapter 11, in 12/2012 and got converted to a petition under Chapter 7 in 11/2014. I received a Discharge under USC 727 in 2/2015. my case has not been closed although chapter 7 trustee has issued its final report and the US Trustee has not objected yet no court order has been issued officially closing the case.
I want to file a Chapter 13 petition of reorganization has to my primary residence, which was abandoned and alleged plaintiff now seeks foreclosure in state court. I believe I can now get a loan modification and save my primary residence, and pay back some other small bills like back real estate taxes, that was not included in my discharge. And can include these bills in a 3-5 year repayment plan. There is NO automatic stay in place and therefore can I file a 13 petition?
also I am working on paying back some back real estate taxes and water bills. I received a letter from a law firm that based my pre-petition debt to my conversion to chapter 7 and not my original in 2012, and billed my for the post petition debt from 11/2014.
Should I expect the same regarding the back real estate taxes and common fees?
Submitted: 6 months ago.
Category: Bankruptcy Law
Expert:  Ray replied 6 months ago.

Hi and welcome to JA. Ray here to help you today.

In most cases, unless a party in interest files a complaint objecting to the discharge or a motion to extend the time to object, the bankruptcy court will issue a discharge order relatively early in the case – generally, 60 to 90 days after the date first set for the meeting of creditors. Fed. R. Bankr. P. 4004(c).

The order of discharge here is the final order that closes out the Chapter 7.This shows that you were discharged and completed the terms and requirements of Chapter 7 and were discharged and the case completed.

I appreciate the chance to help you today.Thanks again.

Customer: replied 6 months ago.
My Chapter 7 was an asset claim and the discharge didn't closing my case. Now that the trustee filed its final report and the US Trustee has not filed any objection.
What does the Banrkruptcy Code as about me filing a 13 Petition?And you didn't answer my question about pre-post petition debt.
Expert:  Ray replied 6 months ago.

Let me opt here and leave this for DC experts.You have not been charged, please do not reply or rate, thanks for your patience.