Any bankruptcy lawyers?

Question

If I am suing someone who has filed for Chapter 13 bankruptcy, is it correct that a stay is entered on my claim? If so, how long does teh stay last? Is there anything that I need to do to protect my interests (e.g. register as a creditor somehow)?

Answer 1

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RE Any bankruptcy lawyers?

If I am suing someone who has filed for Chapter 13 bankruptcy, is it correct that a stay is entered on my claim? If so, how long does teh stay last? Is there anything that I need to do to protect my interests (e.g. register as a creditor somehow)?

Answer 2

If you are suing someone for a debt they owe you, you may file a claim with the bankruptcy court. However, the automatic stay will remain in effect while the Chapter 13 bankrupcty is administered. Unlike a Chapter 7 bankruptcy, a Chapter 13 bankrupcy can last 3 to 5 years.

You need to contact an attorney immediately. Depending on the nature of your claim, your claim against the debtor may or may not be dischargable in the Chapter 13 bankruptcy. Only an attorney properly licensed in your state may advise you on your rights in this situation.

If you need an attorney and don't have one, contact your local or state bar association for a referral.

Answer 3

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