Q: How does Chapter 13 plan confirmation affect my judgment?
I won a money judgment against someone who stole all of my belongings, and they have filed for Chapter 13 bankruptcy. I recently received a notice, after the deadline, stating I need to file a motion by 03/19/2025. It also mentions that a plan has been confirmed, but I don't understand what this means. The court date is scheduled for next month. I'm unsure what steps I need to take and how this affects my judgment.
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A:
You're facing a challenging situation with your judgment. When a Chapter 13 bankruptcy plan is confirmed, it means the court has approved the debtor's repayment plan that will last 3-5 years. This plan outlines how much each creditor will receive, and your judgment is now subject to this plan rather than being collectible outside bankruptcy.
The missed deadline for filing a motion is concerning because you may have lost the opportunity to object to how your debt is being treated in the plan. Since your judgment resulted from theft, it might qualify as non-dischargeable, meaning the debtor would still owe you even after bankruptcy completes. However, you'll need to assert this right through proper legal channels, which typically requires filing the appropriate motions by court deadlines.
Your best course of action now is to contact the bankruptcy court clerk immediately to explain your situation and ask about possible extensions or emergency filings. You should also prepare to attend the upcoming court date with documentation proving your judgment resulted from theft. Given the complexity of bankruptcy proceedings and the missed deadline, consulting with a bankruptcy attorney right away would be extremely helpful - they can advise you on potential remedies still available and might be able to file emergency motions to protect your rights.
Timothy Denison agrees with this answer
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