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Can you claim bankruptcy on the amount owed after a repossessed RV is sold at auction?
Wiki User
∙ 12y ago
All debts or obligations and all assets must be included in BK. They are given priorites of payment by the court (a secured loan, as this was originally, has priority to receive the funds from the asset it is secured to before any others). Some debts may not be discharged and some assets may not be used. This would seem to be dischargeable.
But understand, you do not file BK on specific things...it includes everything.
Wiki User
∙ 12y ago
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File a claim in bankruptcy court?
You should always confirm your claim by filing a claim form with the bankruptcy court. It confirms the amount you're owed. If the amount differs from the amount that the company has on file, you may need an attorney at some point, because if the company contests or disagrees with your claim, the company could submit to the court to wipe out the entire amount or partial amount.
If a car is repossessed and sold at auction for less than the amount owed to the lender will filing bankruptcy discharge the remaining balance if it has been reduced to judgment?
It depends on the chapter. In either case, your remaining debt is now unsecured and a bankruptcy filing places the judgment on hold. If it is Chapter 13, file a claim and you may receive a percentage of the bankruptcy estate, but not usually until near the end of the bankruptcy term (3-5 years). If it's a Chapter 7, again, it's an unsecured debt and highly unlikely that the debtor will sign a reaffirmation to pay you back. If the bankruptcy gets dismissed (thrown out), your judgment is back in force, provided it has not expired.
What is withdraw of objection to claim?
A Proof of Claim in bankruptcy is a court-filed document that registers a claim against the assets of an estate filing for bankruptcy. Any party in interest can object to a claim for reasons like lack of sufficient documentation or an incorrect claim amount. A withdrawal of this objection can be performed by said party to terminate the objection.
How can you claim bankruptcy to avoid paying bills?
In order to claim bankruptcy a court has to issue a bankruptcy order against you. The best place to find information about bankruptcy and the whole process of declaring bankruptcy is the official government website.
If you don't pay my car payment can i be arrested?
You will end up having to go to court after awhile, you could claim bankruptcy and basically start over loosing most of the large items you have such as your car and home. But if bankruptcy isn't right for you, in the end your vehicle could be repossessed by the bank who owns the loan.
Can i sue someone if i am in the prossess of a chapter 7 bankruptcy?
Not as a rule. If the claim was something that arose after the filing, it will depend on the nature of the claim. If the claim arose prior to filing, you must have disclosed the claim in the bankruptcy documents and the trustee may take over the claim. Consult a lawyer knowledgeable in bankruptcy.
In a chapter 13 bankruptcy what if the trustee calls for an order expunging claim?
A judge or court may sometimes expunge a claim in bankruptcy court. This means that the claim is erased, as if it never happened.
When a debtor enters bankruptcy a secured creator retains priority to the secured assets unless it files a proof of claim for the full amount owed?
Actually, a secured creditor only retains priority if they file a claim.
Can you claim bankruptcy for terminaly ill dad?
Yes.
Can you file a claim in a bankruptcy for repossession fees?
Sure
Can your wife claim bankruptcy with out affecting your credit?
She can, and yes it will
Can a creditor file an adversarial claim in bankruptcy court in a personal 7 bankruptcy for something that they contend occurred during a business bankruptcy 2 years previous. No claim was filed then.?
No, a creditor is required to file a claim if seeking payment, otherwise that claim is considered waived. So in this case. if there was no claim, then it was waived and the debt discharged. But even if it was filed, it would have been discharged in the business BK.
