Legal Question in Bankruptcy in Louisiana
We filed chapter 13 back in 2001, we completed the plan was disch in 2006. my husband have lawsuit that was going about the sametime. they just settled the case last month. now they are tell us they have to reopen the case. why when was disch. and take the money
2 Answers from Attorneys
If there were creditors left owing and the proceeds for this lawsuit was identified as a pending asset, they can reopen the case to fully settle debts. You should return to your attorney and discuss the matter.
Was the lawsuit disclosed in the original filing? Who is the "they" saying you have to reopen and pay?
If the lawsuit was disclosed originally, then your plan payments would have included an estimate for the suit's value and paid that value to your creditors. The plan's confirmation order approved that estimated valuation. I would consult with my attorney to contest any reopening.
On the other hand, if the suit was not disclosed or your plan did not contain an estimated value, then you need to consult with your attorney to see what your obligations are.
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