in ch 13 and having a judgment filed?

[CindyLou]

Doesn't the automatic stay prevent him from being sued during the 13 whether related to the debts actually in the 13 or not??? I thought you can't sue someone in an active 13??????? Don't they have to wait until the 13 is either dismissed or discharged to sue????

[lrprn]

should i just tell the company i owe the debt to that i filed for bk `13?

Don't say anything directly to the company without checking with your lawyer first. If your lawyer says it's ok, then go ahead.

[lrprn]

after i filed.... however the lawyer told me that we can include any lawsuits, liens, judgements etc in the bk 13 if this would happen, he told me this before i even filed

If the event that caused the bill happened AFTER you filed Ch 13, that bill CANNOT be included in your Ch 13 and wiped out.

However, if the bill is large enough, your Ch 13 plan can be AMENDED to accommodate paying the bill. I'm thinking that's what your lawyer told you.

[papa0881]

should i just tell the company i owe the debt to that i filed for bk `13?

[papa0881]

after i filed.... however the lawyer told me that we can include any lawsuits, liens, judgements etc in the bk 13 if this would happen, he told me this before i even filed

[lrprn]

...can i just tell them i filed bk 13 or should i wait until it does go to court. there is actually no judgement filed yet, this is why i am asking, should i tell them i filed for bk 13? and give them the case number or just wait?

Thanks for clarifying, papa. Let's back up and get the facts clear.....

If you filed Ch 13 and this debt came AFTER you filed, then it has nothing to do with your Ch 13. You will owe this debt.

This actually happened to us - I had an emergency hospitalization 12 days after we filed, and we had to pay back every single penny of those bills (luckily we have good health insurance). These bills could NOT be included in our Ch 13 because the hospitalization happened after filing. We were lucky enough to set up a manageable payment plan with the hospital and doctors and paid the bills off slowly over the last 15 months.

If this bill is a debt that came BEFORE you filed but you forgot to include it on your creditor list, then this creditor can be added by amending your case.

So....did whatever happened to cause this bill of yours occur BEFORE or AFTER you filed? The right answer to your original question depends on this answer.

[papa0881]

i never said anything about borrowing money? this is not money borrowed, this is money that is owed on a bill. no idea where i said i borrowed it, must have mis understood.

anyways, the judgement would be for a bill i owe, thats all plain and simple. my question is, can i just tell them i filed bk 13 or should i wait until it does go to court. there is actually no judgement filed yet, this is why i am asking, should i tell them i filed for bk 13? and give them the case number or just wait?

[lrprn]

AA is right. Since you borrowed this money after you filed, you owe it. It has no connection to your Ch 13 at all. When the judgment comes, you will be required to go along with whatever the court decides.

You are in a heap of trouble here. You took on new debt while your Ch 13 is active without your trustee's permission. Does your Ch 13 lawyer know what's going on?

If your wages are garnished or an asset has a lien placed against it due to this coming judgment, that's going to impact your Ch 13 plan pretty badly - it could even get your case dismissed. Get your lawyer's legal advice about your options in this situation, and fast!

[aa06a47]

So you borrowed money after you filed Chapter 13...and haven't made you payments..so they are getting a judgement against you? ..better try and pay them...

[papa0881]

no they were not, this is a debt during bk 13

[lrprn]

no they are not on my matrix at all. they are an unsecured debt. so i have nothing to worry about?

Papa, are you saying that this creditor that is taking you to court after you filed was NOT included on your creditor list when you filed?

[papa0881]

no they are not on my matrix at all. they are an unsecured debt.

so i have nothing to worry about?

[SinkingFast]

Definitely call them. Tell them you've filed BK. Give them your Case #, and you're attny's contact info if you filed with an attny.

Is this a Creditor listed in your Schedules?? If not, you may want to amend your Creditors Matrix to include them in your BK. They'll get whatever portion of the POT the Trustee allows. If it's an Unsecured, when you're Discharged, that debt will be taken care of.

[papa0881]

well i should have said this in previous post, judgement is going to be filed. However i did not tell them i filed for BK 13..... should i call them back and tell them or just let it ride?

[aa06a47]

Your still under the protection of the automatic stay. Contact your attorney, or if you don't have one, contact the trustee office and tell them someone has filed a judgement against you. From the surface of it, they have violated the automatic stay and you might be able to get a judgement against them.