Legal Question in Bankruptcy in Pennsylvania
Converting from a Chapter 13 to a Chapter 7
If after filing a Chapter 13 bankruptcy a company bills you for a defieciency balance, will that balance be discharged automatically at the completion of the plan, or must you convert to a Chapter 7?
2 Answers from Attorneys
Post petition bills
If the bill in question was included in your schedules, then it will be discharged at the conclusion of the plan. If the creditor had notice of the filing of the Chapter 13 and sent you a bill, that creditor is in contempt. You can get a contempt order and attorney fees with a possible additional sanction of discharge of the debt without any payment, at all.
Consult the attorney who prepared the Chapter 13 petition for you.
Post Petition Bankruptcy
You should be sure to list the additional amount on your schedule with an amendment. No, this does not mean that you have to convert to a Chapter 7.
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