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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I am a landlord that won a judgement against a former tenant.

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I am a landlord that won a judgement against a former tenant. The tenant has taken chapter 13 bankruptcy. Am I still entitled to proceed with collections under the provisions of the bankruptcy agreement, when it is handed down? I was informed by his lawyer only the secured creditors are being paid out of the available funds.
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I know that this will not be what you want to hear, but you deserve an honest, thorough and no-nonsense answer.

The automatic stay of the bankruptcy court prohibits any action against the debtor outside of the bankruptcy court. Once a bankruptcy has been filed all collection action must cease.

Once a bankruptcy is filed, the automatic stay of the bankruptcy court is in effect Bankruptcy Code regarding the automatic stay. 362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.

You will need to file a proof of claim in the bankruptcy case so that you are paid in the event there are funds remaining for unsecured creditors. Here is the form:

I would be glad to respond to any related follow-up questions that you may have.
Ellen and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.

I need an education on chapter 13 reorganization. I thought that 13 did not discharge debts but made payments more managable for debtors and that all crediters were paid, although over a longer period of time and without interest or penalty to the debtor.

A chapter 13 bankruptcy is a repayment plan in which the debtor pays all of his disposable income toward outstanding debt over a five-year period. However if there is not sufficient disposable income, the unsecured creditors are not paid.