Can a chapter 13 have an AP Filed against it?

[sleepless2]

If so how does that work if you end up with no left over income in a 13? Sry very new to the process- thanks for your help!

[despritfreya]

The answer is "yes" but the real question is why are you worried about it?

See 11 USC 1328(a)(2), (3) and (4)

Debt simply survives bk and creditor is free to collect one case is discharged (assuming you complete the Plan).

Des.

[sleepless2]

Thank you for your response, My thought was if you are in a 13 and a AP is files the 13 sets a pretty tight monthly budget, how could you have money left over to pay the creditor if you are in a 13? Dose that make sense? Or Do you pay that creditor back after the 13 is complete 60mo later?

[despritfreya]

Thank you for your response, My thought was if you are in a 13 and a AP is files the 13 sets a pretty tight monthly budget, how could you have money left over to pay the creditor if you are in a 13? Dose that make sense? Or Do you pay that creditor back after the 13 is complete 60mo later?

In cases that I have dealt with the creditor shares in whatever distribution there is along with other general creditors. Upon entry of the discharge the balance that has not been paid survives and the debtor either enters into a payment plan agreed to between the parties or faces collection on the judgment by way of wage garnishment or some other type of legal process to collect.

Des.

[spidge]

Need more explanation. AP+Adversarial Proceeding?

[despritfreya]

Need more explanation. AP+Adversarial Proceeding?

Yes, I did leap to a conclusion that AP = Adversary Proceeding. It could just as easily meant Adequate Protection. But I do believe OP was referring to an adversary proceeding. Good catch.

Des.