Legal Question in Bankruptcy in Illinois
i filed ch.13. when i filed i had 13,600 in debt and after they contacted the creditors i had 6500 in debt which im paying now in payments of 250.00/mo. i lost my job three dys. ago and cant afford this payments anymore.if i stop paying the bankruptcy can the creditor who never disputed it with bankruptcy come after me?
2 Answers from Attorneys
The disparity in the amounts is due to the fact that not all creditors, apparently, filed claims in your case. If you stop paying the BK, the Trustee will file a motion to dismiss. It would be at that time that the Automatic Stay would expire, and would allow all your creditors to file suit.
Yes they can. If you default on the bankruptcy agreement your trustee created your creditors are free to come after you. It is possible to convert a Chapter 13 into a Chapter 7 and get your debts discharged or to alter the Chapter 13 repayment plan. Talk to your bankruptcy trustee.
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