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    Creditor who filed chapter 13

    Hello,

    I have a client who is a creditor. He has just filed chapter 13 himself. Does that have any repercussions in relationship between him and his debtor?

    Thanks for any input. I've done a ton of research and cannot find any authority on this.

    OG

    #2
    Originally posted by gilo3 View Post
    I have a client who is a creditor. He has just filed chapter 13 himself. Does that have any repercussions in relationship between him and his debtor?
    I'm confused. Did you file Ch 13 and then one of your creditors filed Ch 13 also?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Yes, please explain the relationship better. Are you saying that your "client" filed for Chapter 13 and is wondering about people who owe him money? There are just too many questions. For example, is your "client" a business? What's the business organization? Who is their debtor? What's the debt type (secured/unsecured)? Is there a contract? Etc, etc. etc.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Originally posted by gilo3 View Post
        Hello,

        I have a client who is a creditor. He has just filed chapter 13 himself. Does that have any repercussions in relationship between him and his debtor?

        Thanks for any input. I've done a ton of research and cannot find any authority on this.

        OG
        I agree with lrprn and JB -- not enough info. But generally speaking, when person "A" files bankruptcy and person "B" owes "A" money, that debt, that account receivable, becomes the property of A's bankruptcy estate. B now owes the money to the bankruptcy trustee, and not to "A". This assumes that "A" does not somehow exempt the account receivable.
        Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

        Comment

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