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How do you get your vehicle back from a creditor after filing bankruptcy papers with the court?
Wiki User
∙ 8y ago
All property in BK that is not exempted by state and/or Federal law has to be surrendered to the trustee. A vehicle is secured property and will be returned to the lender, or sold depending upon the circumstances. A car which is covered by exemptions, but is in default for payment, is usually returned to the lender. In some cases the lender will allow the debtor to reaffirm the loan and establish terms to catch up on missed payments .Property is not automatically returned to the person who filed BK.
Wiki User
∙ 8y ago
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If someone filed bankruptcy back in 1999 and a creditor was not listed were they included in the bankruptcy?
No. And if you knew they were a creditor, you could be subject to fraud charges for having filed papers with the court swearing you were declaring your entire financial status and known creditors.
Is it legal for a credit company attorney to be sending relief from stay motion papers directly to the creditor instead of the attorney which represents the creditor that has filed chapter 13?
If a creditor files a motion for relief from stay in any bankruptcy proceeding, the papers should be served on the debtor's attorney of record.
How can you get a judgment off your credit report after filing bankruptcy?
If the debt that you were sued over, or the judgment itself was included in your bankruptcy, you only need send a copy of your bankruptcy papers to the credit reporting agencies. The judgment will not "come off", but it should get marked "included in bankruptcy" or "discharged through bankruptcy".
Is it recorded in the local paper when someone files bankruptcy?
Many local papers run Bankruptcy sections in their Sunday editions. This is a service they offer to prospective creditors of those filing BK. As bankruptcy is a matter of public record, it is perfectly legal.
Where does one go filing for bankruptcy?
You have to find an attorney that specializes in that type of law. You have to file papers, through a court to declare bankruptcy, so look through your phone book, and find a good attorney.
What steps are required to file for bankruptcy?
To file for bankruptcy you will have to firstly, admit that you are having financial issues. Secondly, you contact a licensed trustee to evaluate your situation. You will have two appointments with the trustee: the first to fill out an application form to file for bankruptcy, the other to sign papers that you agree to the terms of filing for bankruptcy.
How do you find out when you filed chapter 7 bankruptcy?
You can find out when you filed for Chapter 7 bankruptcy by checking the public records at the bankruptcy court where your case was filed. You can also contact your bankruptcy attorney or the trustee assigned to your case for this information.
Will your discharge papers list all the creditor that was discharge?
Yes your papers will list all the creditor that was discharged. I did some research and found out myself.
Where can you get your bankruptcy discharge paper?
In most cases it will be sent to you by the bankruptcy court. If you need another copy or have not received your discharge papers when you believe you should have then contact the bankruptcy court to obtain them.
Can you be sued if you already applied for bankrutpcy?
No, in general, you may not be sued if you have filed for bankruptcy. For individuals under both Chapter 7 (liquidation) or Chapter 13 (payment plan), the mere filing of the bankruptcy papers puts into effect what is called the "automatic stay" under Title 11 United States Code Section 362.The automatic stay immediately prohibits all attempts at collecting on debts. It prevents creditors from filing new lawsuits as well as proceeding on ones already pending. It even puts an end to garnishments already in place. Creditors are forbidden to write to, telephone or contact the debtor in any manner to collect a debt while the bankruptcy action is pending unless permitted by the bankruptcy court.There are some exceptions in 11 USC 362(b) for certain creditors (such as ones filing suit to recover secured or mortgaged property); however even these creditors must first get permission from the bankruptcy court to institute or continue such collection actions.In practice, notice of the filing is sent to the listed creditors by the bankruptcy court and copies of the bankruptcy filing are given to all the creditors listed in the filing by the debtor or debtor's attorney so that they have actual notice of the automatic stay. Sometimes the debtor or debtor's attorney gives informal notice immediately to a creditor just so the creditor knows right away to stop trying to collect.The purpose of the automatic stay is to ensure that all collection action with regard to the debtor is coordinated through the bankruptcy court and so that no creditors get more than they are legally entitled to get from the bankrupt's assets.A person may remain open to collection actions for debts contracted after the bankruptcy filing.Additional Point:Of course yiou can be sued for new things or things not addressed in the BK. But to collect a debt that is part of the process, the creditor must follow the process and cannot start a new law suit.
What does filing date on divorce papers mean?
That is usually the date the papers were filed at the courthouse.
Does your husband have to sign your tax papers?
Yes, if your are married filing jointly. No if your are married filing seperatly.
