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Creditors and converting chapter 7 to chapter 13

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    Creditors and converting chapter 7 to chapter 13

    I am in the process of converting my chapter 7 to a chapter 13. Only 4 creditors filed claims in my chapter 7. I am wondering what happens after I convert. Can I expect the unfiled creditors to come out of the woodwork if they tink they will be paid something in the chapter 13? Out of my $600K of debt only $229K in claims were filed.

    I expect to go into a 100% repayment plan and the less debt I have to payback the better for me.

    Also I surrendered a condo and timeshare and the creditors both filed for and were granted the right to foreclose. Will they come after me now that I will be in a chapter 13?

    Also what happens if you have major expenses come up during your plan repayment ie car or funeral expenses? Or even if your rent goes up significantly?

    Thanks in advance.

    #2
    Hold on a minute. . . $600k in debt. I hope at least $240k of that is secured debt - maybe the condo and timeshare are included in that amount. Otherwise you do not qualify for a 13.

    If you convert a new "claims bar date" will be established and all creditors will be sent notice of the new date. The claims that are on file will stay but new claims can pop up. This might include a deficiency claim for the condo (if allowed by State law) and/or timeshare.

    If, during the course of the 13, you incur an unanticipated expense you would contact your attorney who would then find a way to waive one or two (or more) plan payments to allow you to pay for the unanticipated expense. The missed payments would have to be made up. This is usually accomplished by bumping up the plan payment slightly once you resume payments.

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