Converted to a 13 from a 7....do my creditors have to refile for them to be in plan?

[spendingbozo]

Hi....filed a 7.....then was basically forced for convert to a 13.

Anyhow, I was wondering if the creditors must refile their claims in order to be included in my plan? The main reason I'm asking is for future reasons. I know that it won't affect my payment, but if my case is dismissed, even voluntarily down the road, I will have to deal with the creditors.

I have noticed that many creditors filed under the 7 notice, but not under the 13...does anyone know if they need to refile in order for their claim to be included in my plan?

thanks in advance.

[krielly]

I'm not sure of the answer to your question as to whether or not they have to refile, but regardless of whether or not they file a claim under either the 13 or the 7, if your BK is dismissed, they can all still come after you.......It makes no difference one way or the other.

[spendingbozo]

So...are you saying that even if a creditor never bothered filing a claim, and the matter is later dismissed, then the creditor can come after me no matter what? Also, if a case is dismissed, does anyone know if the court notifies the creditors?

thanks

[rrockinggramma]

yes the court will notify your creditors if you dismiss. And yes once you convert, this is a "new case" You will have another 341 and confirmation hearing and bar dates will be set for all of your creditors to file claims.

[spendingbozo]

So, how does the trustee differentiate between the original claims from the 7, and the "overlapping" 13 claims?

This is a longshot, but if for some reason I'm able to pay back 100 percent of the claims down the road....that would be great. So, I'm trying to see if I can knock out any claims that were originally for the 7 and not the 13...does that make sense?