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

chapter 13 bankruptcy: Can the person filing the chapter 13 also
file a claim against the case if they
had to pay out large debt during the
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Answers (2)

Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
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.
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Brett D Weiss

Brett D Weiss

Contributor Level 6
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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