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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39031
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I loaned someone 3500.00 dollers by check with a verble agreement

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I loaned someone 3500.00 dollers by check with a verble agreement to 30 day repayment.
Three weeks later that person filed for chapter 13 bankruptsey without my knowledge and left me off her list of creditors. After numerous attepts to contact her I finally had to go to court and was awarded a judgement for the debt. I discovered the time limit for filing a proof of claim had exspired, but since I had not been notifyed of the bankrupsteyto start with I filed a proof of claim with the banruptsey court which was accepted. The chapter 13 repayment plan was 100% repayment. I contacted her attorney and made him aware of my claim and he ackowledged the claim to the bankruptsy court. I asked him if he was going to ammend her baqnkruptsy case and he told me he wasn't going to. I have received nothing to verify my claim from the attorney or the trustee in writing to verify being added to the creditor matrix. I have talked to the trustee and have been told that I have legitimate claim and should get payed in time. My question is if the bankruptsy has not been ammended and the payback period was calculated for 52 months with listed creditors, unless the bankruptsey is ammended to include me how will I be paid once the bankruptsey exspires. Thank you Bill Haynie

How many days have passed since the debtor's plan was confirmed?
Customer: replied 4 years ago.

I can't remember whether it was 60 or 90 days. Ifiled a proof of cliam about two weeks past the bar date. when I went to court for the judgement is when I found out about the bankruptsey.

You can file a motion in bankruptcy court to modify the debtor's plan. If you do not do this, and the debtor completes the entire Chapter 13 plan as confirmed, then your debt will be discharged and you will never collect.

The trustee's comments may be based upon his/her belief that the debtor can't really complete the plan, so it's likely to be dismissed -- which would leave the debtor at your mercy, because it would be as if the bankruptcy had never been filed in the first place.

But, as a matter of law, if the debtor does complete the plan, and you choose not to try to get the court to modify your plan, then you will not collect this debt.

There is no official form to accomplish a motion to modify in Virginia bankruptcy court. I found one for Indiana, that you could modify for your purposes (click here). You must serve the debtor and trustee with a copy of the motion.

Please let me know if I can be of further assistance. Hope this helps.
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