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If i didn't list a creditor on your bankruptcy can they still collect there debt?
Wiki User
∙ 14y ago
If it was an unsecured debt, and you did not intend to omit it for some reason that would constitute fraud, it was discharged. If a debt collector is trying to collect it, see a bankruptcy lawyer or a lawyer who handles debt collection defense. You can file for contempt in the bankruptcy court.
You may also have rights under state consumer protection laws.
Wiki User
∙ 14y ago
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If a creditor obtains a judgment can bankruptcy still be filed?
Yes
If you file for chapter 7 bankruptcy and have the first meeting with the treasurer can you still add a creditor to the bankruptcy?
You should have no problems filing an amendment to add the creditor.
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.
When can you file bankruptcy after you have paid off a bankruptcy?
When you filed for the bankruptcy, you are also declaring total surrender of the business to the hands of creditor. Although, you can still maintain rights of the company, for the sake of proper decorum, it is advised to allow the bankruptcy trustee to work on the survival of the company.
If you are authorized user on your husband's account and he is going to file bankruptcy will the collection still hold you responsible?
Yes, if you reside in a community property state. No, if you reside in a state that is not CP. This does not mean a creditor will not attempt to collect from the non account holding spouse, but he or she are not legally obligated to repay the debt. One other rare exception is if the couple resided in a state which has a necessities law petaining to creditor accounts. Although these laws are valid in the states in which they exist, a creditor seldom uses them to collect debts owed as they are somewhat difficult to prove to the satisfaction of the court.
If a credit card does a charge-off and sends it to a collection agency can the original creditor still try to collect?
yes
If you file bankruptcy and include the car can the creditor still garnish your wages or collect the outstanding balance owed?
This is a good question to ask your B/K attorney for state specific and case specific advice.Not at all,once fou file for bankruptcy all of your debts will go away and any garnishments (except back taxes)will stop, back taxes you owe are not accepted on a bankruptcy case,the rest is ok.
If a creditor uses a collection agency to collect on a debt do you still have to receive some kind of statement?
No. The collection agency will validate the amount for you if need be, but the creditor no longer owes you the courtesy of a statement.
If you had a lien placed on your house 2 months before you filed bankruptcy and you filed bankruptcy on that creditor is the lien still valid?
All liens survive bankruptcy. You can get rid of the lien by "avoiding" it. Look up "Avoiding Liens" in google or findlaw.com for more info.
Can a creditor still collect a debt after an estate has been closed?
If the estate was duly probated and is now closed then the creditor is out of luck. When an estate is probated a notice is published and the creditors have a certain time period during which to file a claim with the probate court. That time period varies from state to state. If that time period has passed the creditor cannot collect.
Can you still erased the cancelled debt after bankruptcy?
You can always pay discharged debts after bankruptcy. The discharge only prohibits collection of the debt by a creditor. To avoid reinstating the debt(s), it is a good idea not to make regular payments.
If you declared bankruptcy can a creditor continue to mark your report as a charge off even after the date of your bankruptcy?
The account will or should be changed to read "included in bankruptcy". It will still however remain on the report until the seven year time limit expires. However, the account is charged off for the amount that wasn't collected and reporting that would be proper too. (Charge off is how the creditor reflects that you didn't pay and he had a loss on the account...that it was by bankruptcy makes no difference...actually worse).
