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Bankruptcy Chapter 13 and Voluntarily Dismissal

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  • 04-02-2010, 09:36 PM
    mjsantos
    Bankruptcy Chapter 13 and Voluntarily Dismissal
    My question is the State on NY.

    I am current in Chapter 13 with my payments current. I am in a 100% pay back and paying 300,00 for another 48 months. Now, I have decided I want to move overseas, back to my country for good since I was not born in the US. However, I still want to pay back my debts. I just do not want to move back to my country and having to pay $ 300,00 a month for another 48 months since I will still have to find a job there and the currency exchange varies a lot. So, I was thinking about letting my Chapter 13 get dismissed by lacking of payments and then trying to settle direct with the creditors since I might save some money doing a settlement. However, when I filed for Bk Chapter 13, some creditors did not file a proof of claim and therefore they were not included in the plan. Now, if my chapter 13 is dismissed and I try to settle direct with the creditors, CAN THOSE CREDITORS WHO DID NOT FILE A PROOF OF CLAIM WHEN MY BK 13 WAS FILED AND NOT INCLUDED IN THE PLAN COME AFTER ME TO RECOVER THE MONEY THAT THEY NEVER FILED A PROOF OF CLAIM IN THE FIRST PLACE?

    Thank you.
  • 04-03-2010, 10:58 PM
    Mr. Knowitall
    Re: Bankruptcy Chapter 13 and Voluntarily Dismissal
    Yes, it's possible. You won't have a final order of discharge.
  • 04-05-2010, 05:51 AM
    bluehorshoe67
    Re: Bankruptcy Chapter 13 and Voluntarily Dismissal
    If your chapter 13 plan get dismissed for whatever the reason, does each creditor who didn't file a claim gets notified of the dismissal? One would think that everybody gets notified regardless in my opinion.



    Regards,


    ____________
    Bluehorshoe67
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