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Can the possible judgment in a civil suit be included in a bankruptcy petition as a 'debt'?
Wiki User
∙ 15y ago
Civil suits must be entered in the statement of Financial Affairs if within one year of filing (if it has not gone to judgment, enter it even if it was filed over a year ago). There cannot be a civil suit without a damage claim of some sort (except in rare cases), so the plaintiff is a creditor, to be listed in Schedule D, E or F, depending on the nature of the claim.
Wiki User
∙ 15y ago
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How soon after you file chapter 13 can you get your license back?
If the outstanding traffic fines that caused the forfeiture of a driver's license are included in a bankruptcy settlement, it's possible to get it reinstated right away. All that is needed is proof these amounts were included in the petition.
Can the obligated parent discharge child support arrearages in a bankruptcy once the child reaches the age of 18?
If what you mean is can back owed child support payments be discharged in bankruptcy: NO. Regardless of how old the child is now. on the other hand if you mean to be included in the repayment schedule for a chapter 13 then yes. Child support arrearages can sometimes be included in bankruptcy. This pertains to arrearages only and not to current support due. A bankruptcy petition cannot override a court order of support and if arrearages are allowed to be included in a 13 the arrearages must be paid in full, not a percentage thereof, as is possible with unsecured creditors.
Can a debt collector still collect your debt if you file chapter 13?
No they cannot, as long as you included them in your bankruptcy. They would be in violation of Federal Law, and liable to suit and possible penalty from the bankruptcy court. The bankruptcy attorney, or the trustee should be notified about any collections on a bankruptcy account.
What options do you have when an appeal court issues a default judgment against you in Michigan?
The only viable option is for the judgment debtor to protect as much personal and real property he or she owns. Exemptions for lawsuit judgments in Michigan are the same as those that are allowed in bankruptcy. It might also be possible for the judgment debtor to use non-bankruptcy federal exemptions such as SS benefits, government/military pension, etc.
How can the homestead exemption help against foreclosure in a possible Chapter 13 dismissal?
It doesn't. The homestead exemption protects property from being seized in a bankruptcy procedure or by creditor judgment. The lender does not relinquish the right to foreclose on property regardless of the status of the bankruptcy filing. Bankruptcy only temporarily halts the foreclosure of secured property.
Can you enforce technical bankruptcy?
Yes. It is possible to get together with other creditors and file an involuntary petition on a debtor. You must meet the applicable criteria set forth in the Bankruptcy Code, Title 11, United States Code, section 101 et seq., and the rules promulgated thereunder.
Is your home in jeopardy if you cosign a car loan?
In the event the loan defaults, and the lender obtains a judgment against you, AND the judgment is also defaulted on, the lender could petition the court for an order to sieze or liquidate other real property. The likelihood of this is small, and the occurrence of it is rare, but it is possible.
When filing bankruptcy do you include pending law suits?
Yes, if the lawsuit has been filed it should be included - or if you know its going to be filed you should include as a possible debt.
If a collection agency freezes your bank account and on the next day you file for bankruptcy can they still freeze your money?
A collection agency, or any party, can only freeze your bank account IF they have sued your first and won a judgment against you. If you file for bankruptcy, it will not immediately release the levy on the account. The court that rendered the judgment must be notified of the bankruptcy filing, as well as the judgment creditor. The account could remain frozen until the outcome of your bankruptcy. If your bankruptcy, and the judgment debt is discharged, then the bank account must be released. It is possible to release a levy before discharge, but it will usually require the bankruptcy attorney to do it.
Can a civil judgment be discharged in chapter 7 bankruptcy?
Most civil judgments can be discharged in BK. With the exception of those that involve debts not allowed to be discharged. Such as child support, some taxes, personal injury due to negligence, and a few others.
Can you file bankruptcy if you receive VA disability?
It is possible to file bankruptcy when receiving VA disability.
If you have a judgment of a lien and filing chapter 13 should it be removed?
Perhaps, many judgments can be discharged in bankruptcy. The ones which are allowable are determined by state and/or federal laws, depending on the type of bankruptcy chosen. Understanding that if it gets removed it is because it was included and settled/discharged as part of the BK, generally by using the asset it is secured to, ot other assets...it isn't just file BK and the lien/debt goes away.
