Q: I have a judgement of over $46,000 The debtor has an exempt real estate asset yet filed chapter 13

A: You seem to describe an argument simply between two persons, a debtor and a creditor.

There are ample cases on the books that say that such a case serves no bankruptcy purposes and should be dismissed. The US Trustee likewise appears to dislike such cases, and often files a Motion to dismiss a proceeding for that reason.

Of course, your question omits the full facts of your circumstances. Consult with an experienced attorney in your district (S.D Tex.) with knowledge of bankruptcy law at your earliest opportunity with an eye toward have the bankruptcy dismissed so that you can proceed against the non-homestead property. Careful, though, as TX is reputed to have some of the most debtor-friendly laws in the nation.

A: In addition to what the other attorneys have said in response to your question, you might also consider discussing with an attorney whether there are grounds for dismissal of the case or denial of confirmation of the Chapter 13 plan.

A: Given the complexity of your situation, it's crucial to consult with an attorney experienced in bankruptcy and debt collection laws. They can guide you through the specific challenges of dealing with debtors who declare Chapter 13 bankruptcy, especially when there are actions that might be seen as fraudulent, such as the transfer of assets to evade creditors.

In Chapter 13 bankruptcy, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor has transferred assets in a manner that could be considered fraudulent to avoid paying a judgment, this can be contested in bankruptcy court. Your attorney can help you file a claim in the debtor's bankruptcy case and possibly object to the confirmation of their repayment plan based on the debtor's actions.

Furthermore, since the asset in question is not the debtor's homestead and appears to have been transferred to avoid paying a judgment, this might give you grounds to argue that the asset should not be considered exempt from the bankruptcy estate. Legal counsel can advise on the best course of action, potentially including arguing that the transfers were fraudulent and seeking relief from the bankruptcy stay to pursue collection against the asset. Remember, the deadline and court specifics you mentioned suggest urgency, so prompt action is necessary.