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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38910
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Can I add a creditor to my Chapter 13 case after the plan has

Customer Question

Can I add a creditor to my Chapter 13 case after the plan has been confirmed and the filing of claims has passed?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.
Yes, if your modification is made in good faith, a postconfirmation modification of the Chapter 13 plan may be permitted by the court on motion submitted to the court along with a copy of the proposed plan modification. In re Lynch (BC WD TN 1989) 109 B.R. 792, 795; FRBP 3015(g).

Hope this helps.

Customer: replied 6 years ago.
Will a modification allow the creditor to get paid and be discharged when the Chapter 13 ends? The time to file claims has passed.
Expert:  socrateaser replied 6 years ago.
Generally, only the omitted creditor or the trustee can request a modification of a Chapter 13 plan. If your plan is just beginning, you may be able to get the creditor added, because there will have been no prejudice to the creditor's receiving the same proportion of payments as other creditors.

Otherwise, you may have difficulties.

Hope this helps.