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If a debt is not listed specifically either by creditor or other means is it still covered by the bankruptcy?
Wiki User
∙ 14y ago
You, and "you" should be underlined, are required to list all debts when filling out the paperwork for bankruptcy. Just because a debtor "forgot" to list it, does not mean that it isn't "owed" ... by signing the order you have signified that all the information is correct. To do so otherwise is perjury and one could find themselves in contempt of court. In all cases of this type though, professional/legal advice needs to be sought.
Please see the related question/answer below, too.
Wiki User
∙ 14y ago
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Is it legal for a creditor to make inquiries even after the account has been discharged from bankruptcy for over a year?
If you are referring to a credit report the answer is NO. If the query is in reference to a creditor attempting to collect a debt that was included in the bankruptcy, the answer is also NO!2If the creditor is listed in the bankruptcy, No. If they continue to pursue it you can contact your attorney request a copy of the matrix filed in your bankruptcy, and either advise them of the page number the creditor is listed on and that it was discharged. Or, you can file a complaint with the federal court in your area and have it investigated.
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.
Can a debt collector demand payment for an amount that has been included in a chapter thirteen bankruptcy?
If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.
Is an unsecured non priority still a debt owed?
It is owed until it is discharged in bankruptcy or paid, either in full or as a settlement. Technically, the debt is owed after discharge in bankruptcy, but the creditor or its agents and successors in interest are permanently enjoined from any collection activities.
Can you keep your vehicles that are listed in a Chapter 13 bankruptcy if you choose to cancel the bankruptcy?
You can keep them as long asa you keep paying the car loans. But beware that there is court precedent where a creditor can force you to either surrender the property or reaffirm the debt. Reaffirming the debt is never a good idea.
What happens if you have a workmens comp claim and the company files Chapter 7 bankruptcy?
Your claim is most likely covered by a WC insurance, either a prvate policy the employer had or one with the State. As such, your claim should be unaffected by the Bankruptcy.
If I file bankruptcy can I add my mother's creditor with my bankruptcy?
Just because she is your mother, it does not mean that you are automatically liable for her debts. When you file for bankruptcy, you can include only those debts which you are liable either personally or as a co-signor or joint debts. If you are not a co-signor and you include your mother debt in your bankruptcy, you will be committing fraud and your petition will be dismissed. Once a bankruptcy petition is dismissed for fraud, there may be restrictions on future filings. Your mother will continue to be liable for the debt. If she is unable to pay the debt, she can file for bankruptcy to discharge the debt. For an official opinion, it is advised you seek legal counsel.
If the amount of claim on Schedule F of bankruptcy shows no dollar amount does this mean that the debt is not included in the bankruptcy?
If its a Chapter 7 case, the debt most likely will be discharged. If its a Chapter 13, the amount is used for plan calculation. In either case, the debt is "included". If the creditor is not paid under the Ch 13 plan, there may be a problem there. (Depending on if the creditor cares) 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.
How do you remove charge offs from a credit report?
Charge-offs remain on your credit report for 7 years. If the account has been included in a bankruptcy, it should be marked as such...."included in bankruptcy". However, according to the Fair Credit Reporting Act, if you dispute the charge-off with the credit bureau and the creditor can not verify the account, it must be removed from your credit report immediately. Only the original creditor or the credit bureaus can remove a charge off, either through negotiations or through the dispute process.
What to do if a creditor still says that you owe them after a cancellation of debt?
Ask the creditor to send you written verification of the debt including all of their documents after incurring the debt. If the cancellation of the debt is not indicated in their documents, then dispute the debt by providing your written notification of cancellation of the debt to the creditor and if unsuccessful, then dispute the debt with the credit bureaus who will initiate an investigation with the creditor and the credit bureau will usually repond to you in 30 days. If no response from the creditor then it will usually be deleted from your credit report. If the collection harassment continues then ignore it realizing that probably no legal action will be taken against you or you can contact an attorney to contact the creditor. Either pay the debt or file bankruptcy.
My husband filed bankruptcy in Sept of this year and it was discharged in Nov. The car we had we decided to surrender it.?
Again, it's important to know whether or not your husband filed under chapter 7 (full liquidation of assets), or the bankruptcy protection of chapter 13.Upon reading your review, it appears as though you are confusing "debt consolidation" with bankruptcy laws.Debt consilidation is an attempt on (third parties) to satisfy your debt obligations to (any given) creditor, whether or not "they" choose to accept it. This is quite different from bankruptcy.In a "total" (chapter 7) bankruptcy, your assests --- that is, secured assets --- are not protected and can be "repossesed", by the creditor. That specifically includes a car.Unsecured debts cannot be pursued by any creditor. If, for example, any creditor offers you an "unsecured" debt --- they can not pursue repayment in a Court of Equity when you file bankruptcy, as in chapter 7.Finally, as far as owing any amounts of moneys due (regarding your "required" payment to --- your car company, for whatever --- are dismissed and not owed, providing that (such) payments as are due and obligated occur within the period of your declaration of bankruptcy --- whether during or after the filing of (such) bankruptcy. The laws vary from State to State.IF this remains a problem for you, I would suggest you consult an attorney who is conversant in bankruptcy laws in your State. I know that ANYONE could have told you this --- but it's the best advice I can give. Also, almost every City and State have "free" legal services available to those whom are without funds to seek counsel. They're either "free" or on a "sliding scale", depending upon your income.If you provide me with the City and State you live in, I'll let you know just whom can help you.Best of luck: jimdand
Can your old creditors still make entries on your credit report after the bankruptcy has been discharged?
Yes, they can. The real question is, why would they want to? It costs creditors to place (and to update) information on the credit bureaus. If their debt was discharged through your bankruptcy, the only entries they should be making are to "clean up" the account and mark it as "discharged" or "included in bankruptcy". All other negative information needs to be removed from the tradeline so that this no longer impacts your credit score. (You are already taking a huge hit to your score for the legal action) If this has not happened, perhaps this particular creditor has not been notified that their account was discharged. Either you or your attorney needs to send the creditor a copy of your bankruptcy papers and request that they update the credit bureaus accordingly.
