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If you file bankruptcy and include the car can the creditor still garnish your wages or collect the outstanding balance owed?
Wiki User
∙ 8y ago
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.
Wiki User
∙ 8y ago
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Can you stop a creditor from selling your account once you have filed bankruptcy?
No. The bankruptcy is to stop anyone who has a right to collect a debt from being able to collect, called the automatic stay. If the debt is listed in the correct debt owner's (creditor's) address and it is discharged, it does not matter who owns the debt.
How can you prove that a judgment has been discharged in a bankruptcy?
The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
What happens if the motion for relief from a stay is denied?
Bankruptcy protection remains in place and the creditor who was denied the stay will remain a part of the bankruptcy and cannot attempt to collect the debt owed.
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.
Should the balance of a creditor you filed chapter 7 on show zero on your credit report after it has been discharged?
No. Bankruptcy discharge does not mean the money isn't owed. It means that creditors cannot attempt to collect it. The money will always be owed. Accounts included in bankruptcy will stay on the cr marked included in bankruptcy, for the full seven years.
Can credit card companies sue you after or during bankruptcy?
Not likely. They can come to collect if you have a balance but sue you why?
How to collect or follow up outstanding accounts within designated timelines?
In order to collect a follow up outstanding accounts within designated timelines you will need to contact the debtors. You can reach out to them by phone calls to attempt to collect the outstanding accounts or send mail notifying the debtor of the balance that is owed.
Creditor trying to collect from bankruptcy?
This is not a question. Good luck. If the question is, "Can one collect unsecured debt from a bankrupt company?" The answer is, "only if property is administered by the trustee."
Can a company who closes your account try to collect interest three years after closing the account?
Yes, if you still owed a balance at the time the account was closed. Just because a company closes an account does not mean that any balances that are owed to them disappear. If your account was closed and there was still a balance outstanding and you did not pay that balance, the company has every right to collect the balance and any interest outstanding.
Can the creditor garnish your wages for the balance of the loan owed to them after they sell the vehicle?
With FEW exceptions, YES. that is the lenders usual option to collect.
Can you get sued over an unpaid credit card balance?
Yes. It doesn't matter how much the account balance is, it only matters if the creditor can collect the money owed after wining a lawsuit
Will the the credit of the co-owner affected if a co-signor files bankruptcy?
No. The co-signer is no longer responsbile for any part of the loan. If you default, the creditor can not attempt to collect from them.
