Indianapolis, IN asked in Bankruptcy for Indiana

Q: Filed Ch13-8/7/12-then had to convert to Ch7-7/2/14 due to job loss. Paid $8,523.50 of $14,400 of repayment term in Ch13

At the time of CH13 and conversion to Ch7-my house was underwater. During Ch13-there was an Order granting the lien avoidance (related to the lien-second mortgage). At this time, a debt collector is stating that I owe $15,500, as I failed to complete the Chapter 13 plan and failed to receive a discharge under Chapter 13. Is this correct? I live in Indiana.

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: You didn’t fail to complete Chapter 13, you converted to Chapter 7 and received a discharge under Chapter 7. Unless that debt was secured, it was discharged in the chapter 7.

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