Legal Question in Credit and Debt Law in Montana

Proof of claim to be added to debtor's chapter13 bankruptcy

I won a judgement in small claims court. The defendant was already in a chapter 13 bankruptcy. If my proof of claim is denied because of out of time filing, can I still collect on my claim if the bankruptcy is dismissed for non-payment or she completes the plan. I know that I have 10 years to try to collect the judgement in the state of Missouri.


Asked on 2/20/08, 7:58 am

1 Answer from Attorneys
Phillip Oliver Oliver Law Firm, P.C.

Re: Proof of claim to be added to debtor's chapter13 bankruptcy

You were in violation of the automatic stay by proceding against debtor after the Plan was filed. Your proof of claim could be denied. Whether it is denied or not, you cannot collect the debt later.

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Answered on 2/21/08, 1:59 pm


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