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Re: None

Wednesday, 01/01/2020 10:13:11 PM

Wednesday, January 01, 2020 10:13:11 PM

Post# of 144831
There seems to be a Misunderstanding between Dismissed and Discharged

Let's get this straight... The BK was Discharged Not Dismissed.

DISMISSAL
If the Chapter 13 plan is dismissed, creditors may immediately initiate or continue with state court litigation pursuant to applicable state law to foreclose on the petitioner's property or garnish their income. If a bankruptcy case is dismissed, the legal affect is that the bankruptcy is deemed void.


DISCHARGE
If a Chapter 13 plan is completed successfully, the petitioner will earn a discharge. Discharge means that all debt listed in the Chapter 13 plan is satisfied; and therefore, creditors may not pursue additional collection actions pursuant to applicable state law.


The Chap 11 was dismissed which moved this to Chap 15 (Chap 13 technically) and thus this is no more. Some will fight this but the terms are interchangeable in BK terminology and apply.
If you want to pursue your loss, it will have to be on your own and under a separate filing.

Dragon52

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