Q: If I already consigned a partial debt payment in small claims 4 months ago, can I recover it now by filing a Ch 13?
I was the only debtor. By consigning I meant that the payment was already submitted to the court (4 months ago). The amount paid is still in small claims court (pending retrieval by the plaintiff) since the case has not finished yet since the extra costs and legal fees which remained to be adjudicated.
A: Are you indicating that, in whichever Florida county the small claims case was filed, the court holds the funds paid pursuant to a stipulated agreement in settlement of the small claims case? It's possible that your Chapter 13 plan so providing might be approved by the bankruptcy judge. But the big question I have is this: did you, a co-signor, pay the money or did the principal for whom you co-signed?
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A: There is certainly a possibility that you could recover the money. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney. Good luck. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
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