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Can an attorney re-open a chapter 7 bankruptcy that was previously discharged due to the petitioner's failure to pay legal fees?
Wiki User
∙ 13y ago
No they cannot, this is why attorneys ALWAYS want to be paid in full before doing a chapter 7 BK.
Wiki User
∙ 13y ago
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How do you find out if your bankruptcy has been discharged?
Call the attorney or company that handled your bankruptcy.
Can my loans be discharged in bankruptcy?
Bankruptcy laws are complex. You will need to get correct answers from a competent attorney.
Can you file a bankruptcy 13 when your bankruptcy 7 was discharged with restrictions?
Transformation is possible but before taking any step firstly consult to bankruptcy attorney.
Can my attorney's fees be placed on my bankruptcy?
Bankruptcy attorneys will collect all money due to them prior to them filing the bankruptcy case in court because uncollected fees will be discharged. If you're talking about unpaid attorney's fees for other legal matters, they will be discharged, unless the attorney has had you sign a lien on real estate or other collateral which has been perfected as required by state law.
What does it mean for a bankruptcy to be discharged?
You may be referring to the discharge of debts in bankruptcy. Not all debts can be discharged. Most discharged debts are partially discharged in Chapter 11 and Chapter 13 actions. Debts or the portions thereof that are discharged no longer exist at law and creditors no longer can attempt collection. It is a "fresh start". You attorney can advise you as to which debts are likely to be discharged, which ones reorganized, and which debts will likely not be discharged.
How much will an attorney usually charge to reopen a discharged bankruptcy case to add a creditor that had been forgotten?
$300 include filing fee and attorney fee
Can you add medical bills to an existing Chapter 13 bankruptcy?
Yes, you can amend your bankruptcy, usually for a fee that is passed on to you from the court. You should contact your attorney to add your medical bills before you bankruptcy is discharged and to reconfigure your bankruptcy plan.
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.
Can a car be repossessed when it is in litigation for redemption in bankruptcy ct though the bankruptcy was discharged?
This is a good question to ask your B/K attorney whom you are PAYING to look out for your best interests.
In case of bankruptcy dismmissal is the debtor obligated to pay the creditors?
If the case was dismissed (not discharged) then you are still responsible for everything. Dismissed = you owe everything the same as before filing Discharged = bankruptcy completed and you owe nothing more. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
What if a creditor files a lawsuit for a debt that has already been discharged in a bankruptcy?
If it's a small-claims case, answer that the debt was discharged in bankruptcy and attach a copy of the discharge order. Otherwise, contact an attorney to either provide a similar answer *or* take the creditor to Federal court for violating the discharge.
If an account was not listed on the creditor's list of a chapter 7 is it still dischargable under the bankruptcy?
Yes it is. The presumption of bankruptcy is that all of the bills that were owed will be discharged at the time. If for a reason the bill that wasnt listed came up it can still be discharged by the court. Your attorney can file an addendum for this with the court after wards.
