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Can a creditor take from inheritance never filed for bankruptcy but wasn't paying because only income was social security?
Wiki User
∙ 13y ago
yes
Wiki User
∙ 13y ago
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Will the credit of the co-owner but not cosigner of your car be affected if you file bankruptcy?
No, because the co-signor is not file a bankruptcy with you and the creditor will go after the co-signor instead of you.
Can the debtor file for bankruptcy after a creditor is awarded a default judgment because the debtor did not make a court appearance?
Yes, most judgments can be discharged in a chapter 7 bankruptcy.
Should original creditor and the new creditor the account was sold to be included in bankruptcy?
Both and anyone else you can think about in the middle, because it removes any claims down the road for not providing proper notice.
In the state of Ohio can a person be arrested for not surrendering a car that was discharged in bankruptcy immediately?
You cannot be arrested for not surrendering a car. Make arrangements for the creditor to retrieve the car. If not, the creditor can repossess the car because the discharge terminated the automatic stay.
Can a creditor sell your account after filing bankruptcy?
Sure...it doesn't change the rights of the creditor...or your obligations as a dedtor...the buyer probably paid very little and is hoping your BK will pay the debt off at a higher amount. Basically, a creditor may sell his rights at any time....it is does not change your obligation under the loan at all. To clarify, it does not mean the new creditor can disregard the bankruptcy and any bar on collection activities that may be in force just because they just bought the debt. They only get the rights to what you would have paid the original creditor in the bankruptcy - they "step into the shoes" of the one they bought from.
Can the car lender reposses the car because of bankruptcy 7?
A creditor cannot reposses a car without BK court approval (i.e. relief from the automatyic stay). However, if you do not keep paying the car loan, a BK will allow a creditor to reposses the car.
Must you report a monetary inheritance to bankruptcy chapter 13 after the 180 days since filing?
In a Ch. 13, you are required to report an inheritance, regardless of how many days since filing. For a Ch. 7, you are required to report an inheritance if you are to receive an inheritance based on a death (because the death creates your right to receive an inheritance). Many people mistakenly believe that an inheritance must be reported if it is received within 180 days. Now you know.
In a bankruptcy what does it mean if a creditor filed a motion to release because you got behind on your mortgage?
The lender is requesting to be removed from the bankruptcy procedure. If the request is granted the lender can foreclose on the property or take whatever action is allowed under the laws of the state where the property is located.
If Probate filed one year ago you are receiving money in few weeks just spoke to attorney about bankruptcy do you have to include this money?
Inheritance asset from pre-petition period....ABSOLUTELY. Bankruptcy affects ALL your assets and ALL your liabilities...not just those you want...because..- you'd only say eliminate my debts and anything i have to pay them....like an inheritance...I'll keep.
How soon can a car be repoed after filing chapter 7 bankruptcy?
Because of the "automatic stay", which goes into affect as soon as a Bankruptcy is filed, your car cannot be re-possessed while the Bankruptcy is in progress (unless the creditor files a motion with the court asking for relief from the automatic stay). However, as soon as the Bankruptcy is discharged or closed - which occurs approximately 6 months after it is filed - the car can be re-possessed.
Does bankruptcy affect security clearances?
I assume it depends on who is conducting the security checks... I know that where I used to work anyone with bankruptcy or large debts was considered an intelligence security risk, as they have increased susceptibility to financial compromise. That is, if you need money, then you are more of a risk than someone financially secure because you are more likely to accept bribes/inducements to hand over information.
Can you amend your bankruptcy to exempt tax refund?
Not really, because the Trustee will want to get that money to pay off your creditor. You dont have a "right" to that money but it will instead depend on the amount of the refund and any local trustee practice.
