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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 53572
Experience:  Licensed attorney helping individuals and businesses.
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In a meeting of the creditors 341 meeting the debtor states

Customer Question

in a meeting of the creditors 341 meeting the debtor states that they made a payment to the creditor after the contract of sale had expired. the debtor and their attorney argues that the payment puts the contract back in force and therefore the debtor has the right to include the debt in chapter 13. creditor argues that the contract had expired and no payments were made to creditor. creditors argues that not attempt to obtain any payments were made after expiration of contract. creditor argues that there is not debt owed since contract expired. Can / should creditor hold such argument
Submitted: 4 months ago.
Category: Consumer Protection Law
Customer: replied 4 months ago.
during the creditors meeting creditor discovered that debtor admitted to filing a chapter 13 in year while contract of sale was in force yet debtor failed to include this creditor in their plan. There appears to be some perjury committed.
can creditor reopen debtors prior chapter 13 to show / prove some dishonesty?
Expert:  Infolawyer replied 4 months ago.

A motion can be filed to reopen and issue teed up for the court to reconsider. The argument that the contract expired is a valid one and may be raised.

Customer: replied 4 months ago.
one last question...would you agree that since the debtor defaulted on the contract prior to expiration and then made a payment after expiration that said payment whether accepted by the creditor or not still does not restore debtors rights and debtor does not retain any rights nor has acquired any interest in property due to default of contract/
Expert:  Infolawyer replied 4 months ago.

I would agree

Expert:  Infolawyer replied 4 months ago.

Kindly rate the answer positively.

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