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Can a secondary collection agency collect on a charge-off when the debt is over 3 years old and the original creditor has declared bankruptcy?
Wiki User
∙ 8y ago
More than likely. Three years is not long enough for an SOL to expire. What probably happened was, the account was bought from the creditor, which is common practice. The BK of the original creditor, has no relevancy if the debt was sold.
Wiki User
∙ 8y ago
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If one files bankruptcy and has a co-signer will if affect their credit rating?
If the account the cosigner is on is included in the bankruptcy it will appear on their credit report. In most cases the cosigner will not be relieved of the debt when the primary holder files for bankruptcy. The creditor(s) can then pursue the cosigner for the collection of money owed.
What happens if a creditor garnishes after filing bankruptcy?
I assume you mean after YOU filed bankruptcy (the creditor's filing bankruptcy doesn't affect your garnishment, except maybe to change who's "garnisheeing"--NOT "garnishing"--your wages). If so, contact your attorney so he/she can bring the creditor into court for violating the automatic stay.
Is it okay to tell a credit card company or a collection agency that you are filing bankruptcy?
Yes, in fact they might ask the debtor if that is what they are considering. It is the opinion of some that a creditor might rush to file suit but this is a ridiculous argument, as lawsuits can be stopped and then discharged in bankruptcy. Also it takes an average of 15-20 months for the typical creditor-debtor suit to reach court, as opposed to the average bankruptcy filing of a few months.
Once a debt is given to a collection agency can you get the creditor to take it out of the creditor's hands?
Once a debt is handed over to a collection agency, it's typically out of the original creditor's hands. However, it may be possible to negotiate with the creditor to recall the debt from the collection agency, but this process can be challenging and may require convincing the creditor of your ability to repay the debt directly. It's advisable to communicate directly with both the creditor and the collection agency to explore your options and find a resolution.
Can a bankruptcy judge make a creditor lower the interest rate?
In cases of bankruptcy, it is quite common for interest rates to be renegotiated.
What does it mean when a creditor files a motion to release?
The creditor is asking to be excluded from the bankruptcy. If that is granted the debt will be valid and the creditor can resume collection action.
Do you need to include account numbers for both the collection agency and the original creditor on your bankruptcy form?
Include the original account number if you are including the original creditor. Include the account number for the collection agency if you do not have the orignal creditor information and are including them as "Care Of" for service.
What happens if the motion for relief from a stay is denied?
Bankruptcy protection remains in place and the creditor who was denied the stay will remain a part of the bankruptcy and cannot attempt to collect the debt owed.
What does motion for relief relief from stay fee amount 150.00 filed by creditor Iowa law?
When you filed your bankruptcy, the court issued an automatic stay which prevents any creditor from moving forward with collection efforts. For whatever reason, this particular creditor wants to proceed with collection and it must request the permission of the bankruptcy court by filing the motion for relief from automatic stay.
What to do if Creditor harassment in bankruptcy?
1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs. 2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases. 1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs. 2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases.
What is a notice of bankruptcy and stay?
When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."
How do you add a creditor to a bankruptcy after you have filed?
Check with your bankruptcy lawyer.
If a bankruptcy was discharged on an account that was sold to another lender and the original creditor is marking it as a charge off should it be marked as bankruptcy by the original creditor?
Yes, this debt should have been marked as a bankruptcy by the original creditor. It cannot be changed from a bankruptcy to a discharge unless the bankruptcy did not go through.
Is it possible for a creditor to take your monthly salary after filing bankruptcy?
No, unless the creditor gets relief from stay or the bankruptcy is dismisssed.
What is a stipulation in bankruptcy?
It's basically an agreement between the debtor and creditor on how the debtor is to pay the creditor that arises when debtor has filed bankruptcy.
Can you still erased the cancelled debt after bankruptcy?
You can always pay discharged debts after bankruptcy. The discharge only prohibits collection of the debt by a creditor. To avoid reinstating the debt(s), it is a good idea not to make regular payments.
How can you prove that a judgment has been discharged in a bankruptcy?
The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
