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Can you have a catalog account after you are discharged from bankruptcy?
I would need more information about the type of business and if the judgment was separate from your personal debt. Typically, a judgment is classified as a nondischargeable de…bt in bankruptcy proceedings and will remain with you until you pay it and including during the process.
Answer The banruptcy will have to be refiled according to the time limit imposed on the type of BK which was dismissed with or w/o prejudice.
It depends what kind of bankruptcy you are talking about. Most individuals file for chapter 7, so I'll assume you are talking about Ch 7. In the vast majority of those cases, …the SBA loan is discharged along with all the other unsecured debt. Many people confuse SBA loans with federally backed student loan debt, and they are not the same. SBA debt is treated just like any other debt in a bankruptcy. The unique feature about SBA debt is that they have a settlement process (known as the Offer In Compromise) that allows borrowers to settle their debt without resorting to bankruptcy. - Distressed Loan Advisors
After you go to court and meet with the bankruptcy trustees, it should only take about 60-90 days to discharge all debts. You have to take the pre-discharge debt managemnt cla…ss first before any debt is discharged because the bankruptcy laws have changed.
A discharge is normally the final step saying "All your debts are discharged" ie: no one can collect on those debts anymore. It is what you were waiting for if you fil…ed. 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.
All unsecured Debt may be discharged in chapter 7,(credit cards, personal loans, and others) secured debts (such as car loans and mortgage), and other assets will be taken by …the estate, and will be used to repay the creditors, it is very important that you discuss this with your attorney if you are planning to keep your house or car, taxes owed, student loans will not be discharged... ans While virtually all debts MUST be included in your bankruptcy, (it is not a matter of picking and chosing..all must be included), some debts cannot be discharged, just like all assets MUST be listed but not all may be taken. Most noteably: Debts for gov't insured student loans and past and future child support are not dischargeable. Many assets like retirement accounts, household goods, a reasonable car, are not able to be used to satisfy debts.
Chapter 13 bankruptcy involves filing a plan with the bankruptcy court suggesting how you will repay your debt. Some debts must be repaid in full while others require only a p…ercentage or nothing at all. Debtors are subject to a very strict budget and repayment plan and when you are done paying all the debts the court determined you owed, then you are discharged. This information should be in your court papers.
Answer Yes, for some reasons. You have to file a Motion to Reopen and pay the court the reopen fee which is currently $260 as of 5/12/07, plus whatever your attorney ch…arges you. Here's a NON-exaustive list of common reasons people might want to reopen a bankruptcy case: You CAN usually reopen a case to: 1. Add creditors to a Chapter 7 NO ASSET case (as long as the debt was incurred before the date the bankruptcy petition was originally filed, unless it was a Ch 13 converted to Ch 7, in which case the debt had to have been incurred before the case was converted to Ch 7) 2. File Motion to Avoid Judgment Lien if that lien was not avoided during the case You can NOT usually reopen a case to: 1. Add creditors to a Chapter 13 or Chapter 7 ASSET case 2. File a reaffirmation agreement 3. File an action against the debtor Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!
Answer About 4 to 6 months. I think it depends on the courts case load. Any change in circumstance may prolong the action. For instance, an amended petitio…n has to be seen again by the trustee and creditors must be notified a second time regarding that change.
Answer One way would be to go in person and checking with the local courthouse in the city/state in which it was filed. Another would be to order a copy o…f your free annual credit report.
After a bankruptcy order is made the official receiver becomes the receiver and manager of the bankrupt's estate. The estate is administered by a trustee in bankruptcy who may… be either a qualified insolvency practitioner or the official receiver. On his appointment the debtor's estate vests automatically in the trustee who is then responsible for the administration of the estate. The estate is made up of all of the bankrupt's assets and the bankrupt is usually automatically discharged after three years except in certain circumstances. Answer Exemptions under Federal law, which may change a little in State applications by the Federal BK Court you file in: Personal and Real Property:(1) Household: Up to $425.00 per item not to exceed a total of $8,625.00 (includes animals, appliances, books, crops, furnishings, household goods, clothing, musical instruments)(2) Jewelry: Up to $1,075.00(3) Vehicles: Up to $2,575.00(4) Work tools (implements, books and tools of trade): Up to $1,625.00(5) Health aides (wheelchair, etc.): Unlimited(6) Burial plot: Up to $16,500.00 (in lieu of real estate exemption)(7) Real estate (house, co-op or mobile home): Up to $16,150.00(8) Any property: Up to $8,075.00 of unused portion of real estate exemption Wages, Pensions, Recoveries and Benefits:(1) Wages: None(2) Wrongful death funds: Amount needed for support(3) Personal injury funds: Up to $16,500.00 (excluding that for pain and suffering or pecuniary loss)(4) Lost earnings payments: Unlimited amount(5) Retirement benefits: Amount needed for support(6) Alimony / child support: Amount needed for support(7) Unemployment compensation: Unlimited amount(8) Veterans benefits: Unlimited amount(9) Social security benefits: Unlimited amount(10) Public assistance: Unlimited amount(11) Crime victims compensation: Unlimited amount Insurance:(1) Disability: Unlimited amount(2) Unemployment benefits: Unlimited amount(3) Unmatured life insurance: Unlimited amount(4) Life insurance policy loan value, dividends or interest: Up to $8,625 (5) Life insurance proceeds: Amount needed for support If you're doing a Chapter 7 bankruptcy, you can't discharge: * Taxes and tax liens * Student loans * Domestic support obligations (child support and alimony) * Luxury goods over $500 purchased within 90 days of filing * Fines or penalties of government agencies * Cash advances of more than $750 taken within 70 days of filing * Fraudulent debts * Willful or malicious injury to another * Death or personal injury from the operation of a motor vehicle, aircraft or vessel while intoxicated * Condominium or cooperative association fees * Debts not listed on your schedules Debts arising from fraud or maliciousness are not automatically excepted from discharge. The creditor must make a request to the court to except these types of obligations; otherwise they will be discharged.
The MAX amount you can draw is 300k.
it all depends... what type of bankruptcy and whether you've been to court already, and what youre debtors are thinking... file to hearing 3 months, and then a waiting period,… so to get the papers after that, atleast another 6/8 wks.
A bankruptcy can not be wiped off your credit report until after 10 years but if the accounts on your credit report which were discharged in the bankruptcy can these be taken off?
The debts which were wiped out in bankruptcy still stay on your credit report, but they should be listed as "Discharged in bankruptcy." They will still stay on your credit for… 7 years (they don't get extended to 10 years like the Chapter 7 just because they were discharged in bankruptcy). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
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 ca…n still be discharged by the court. Your attorney can file an addendum for this with the court after wards.
It's probably easier to list what can't be discharged. In the two types of personal bankruptcy here is a list of what cannot be discharged: In a Chapter 7 case, the most comm…on types of debts that can't be discharged are:Taxes and tax liensStudent loansAlimony and child support (domestic support obligations)Debts obtained through fraud, false pretenses or false representationDebts you failed to schedule in time to allow creditors to file proofs of claim (unscheduled debts)Debts for fraud while you were acting in a fiduciary capacity, or for embezzlement or larcenyDebts for willful and malicious injuryDebts for fines or penalties to governmental unitsDebts for judgments in wrongful death or personal injury lawsuits resulting from motor vehicle, vessel or aircraft accidents while you were intoxicatedCondominium or cooperative association fees or assessments If your bankruptcy case is under Chapter 13, you won't be discharged from the following types of debts:Child support and alimony (domestic support obligations)Student loansFines and restitutionCertain taxes, such as withholding taxes if you had employees, or taxes connected to fraudulent tax returns or tax evasionDebts incurred through fraudDebts for fraud while you were acting in a fiduciary capacity, or for embezzlement or larcenyDebts for willful and malicious injuryJudgments in wrongful death or personal injury cases arising from your intoxicationUnscheduled debtsDebts incurred after filing your case, which weren't included in your Chapter 13 planDebts that are nondischargeable under other laws, for example amounts owed for certain health education programsInterest owed on nondischargeable debts
Most of the online literature and case law appears to indicate "NO". After some thought about the fact that judgment liens can be discharged in a bankruptcy (though it's not a…utomatic) by filing an adversary action seeking an order stripping the lien from an asset otherwise shielded under the exemption schedule, but NOT purchase liens (mortgage, secured auto loan, etc) it would seem an attorney's lien against the proceeds of a tort are tantamount to a purchase lien. i.e. The attorney PRODUCED the asset via his/her work product. Obviously the lien CAN be stripped (as can any lien) if the asset has less value than any portion of the lien, say the IRS is 1st in line, for example. If any competent bankruptcy attorney has a different opinion, please cite the case law, federal code, etc.