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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 10-25-2001, 06:08 PM
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Join Date: Oct 2001
Location: TX
Posts: 668

chapter 13 dismissed now ch. 7?


I'm in TX. Please excuse the length...background is complicated.

Tenants filed Chapter 13, we were never notified. They got behind on rent, we issued a Notice to Vacate; their attorney threatened us with a violation of Section 362; we filed a motion for relief of Stay and were awarded a conditional lift and the tenants were ordered to pay our legal fees, get current on rent and move by Jan 2002.

Tenants submitted modification in June because they got behind on their bankruptcy plan. It was granted. Two months later they were behind again and their Chapter 13 was dismissed because of failure to make payments.

This week they abandoned their mobile home on our property. Just up and left informing us that they were filing Chapter 7 and had called the finance company to come get the trailer. They owe rent and court fees.

Finally, my questions:

Can they file Chapter 7 so soon after a Chapter 13 dismissal? If we are listed as creditors on the Chapter 7, is a court ordered monetary award (our legal fees) dischargable under TX law? Must they attend the initial 341 hearing? Supposedly, they have left the state. We have received NO correspondence from the bankruptcy court or their attorney.

Thank you so much for any information you can provide.
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