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Can a person filing chapter 13 bankruptcy also file a claim against the case if they had to pay out a large debt

Can the person filing the chapter 13 also
file a claim against the case if they
had to pay out large debt during the
chapter 13 process.

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Attorney answers (2)

Avvo Pro

Reputation Level 18
No. A person cannot be both the Petitioner and the debtor. If the debt that was paid was not covered in the bankruptcy filing or the plan, an amendment needs to be filed to advise the court and the Trustee of this payment.
1 person marked this answer as good
Jeff Adrian Biddle
Jeff Adrian Biddle, licensed in Arizona

Reputation Level 14
Generally, no. If there is a defense to a claim, however, that defense can be raised (and litigated) in the bankruptcy case.

Brett Weiss

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