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Filing bankruptcyI may be wrong on this, but my understanding is that "charged off" simply means the creditor has written the debt off (as in written it off as a loss on their taxes, or turned it into their insurance company as a bad debt, etc.) but in no way affects the collectability of the debt. I suspect if they later collect on a charged off debt, they have to claim the money they receive as income on their taxes since they wrote it off earlier. I may be wrong about this though... I definitely don't think that "charged off" means "forgiven," though. 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.
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Q: Should you file bankruptcy if most of your debt has been charged off?
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What is a charged off loan when connected to Chapter 13 Bankruptcy?

A charge-off is a tax-related matter and has nothing to do with bankruptcy. The debt is still owed.


What happens to a mortgage after a bankruptcy?

What happens to a mortgage after bankruptcy depends on whether or not the debt is reaffirmed. If the mortgage is reaffirmed the homeowner continues to pay it as if the bankruptcy had not been filed, since the debt has not been discharged. If the debt is not reaffirmed, what happens to the mortgage depends on the policies of the individual lender.


What if the debt is incurred after the bankruptcy filing but before the bankruptcy discharge?

When an individual files for bankruptcy, he/she must list down all the creditors and debts that they have. If the bankruptcy has already been filed and the individual has incurred new debt but has not yet been discharged by bankruptcy, that new debt is not included in the bankruptcy discharge. For an official opinion, it is advised you seek legal counsel. It is really important to seek legal advice from the expert about filing for bankruptcy.


Can a debt collector continue to call after you file bankruptcy?

No, not as long as they were included in the bankruptcy. You should give their information to your bankruptcy attorney, who will contact the debt collector. If that doesn't work, your attorney will certainly know what to do next.


Are you liable for debt cancelled in bankruptcy?

No you are not, If you deglared bankruptcy, that cancels your debt

Related questions

What is a charged off loan when connected to Chapter 13 Bankruptcy?

A charge-off is a tax-related matter and has nothing to do with bankruptcy. The debt is still owed.


If a bankruptcy was discharged on an account that was sold to another lender and the original creditor is marking it as a charge off should it be marked as bankruptcy by the original creditor?

Yes, this debt should have been marked as a bankruptcy by the original creditor. It cannot be changed from a bankruptcy to a discharge unless the bankruptcy did not go through.


What happens to a mortgage after a bankruptcy?

What happens to a mortgage after bankruptcy depends on whether or not the debt is reaffirmed. If the mortgage is reaffirmed the homeowner continues to pay it as if the bankruptcy had not been filed, since the debt has not been discharged. If the debt is not reaffirmed, what happens to the mortgage depends on the policies of the individual lender.


What if the debt is incurred after the bankruptcy filing but before the bankruptcy discharge?

When an individual files for bankruptcy, he/she must list down all the creditors and debts that they have. If the bankruptcy has already been filed and the individual has incurred new debt but has not yet been discharged by bankruptcy, that new debt is not included in the bankruptcy discharge. For an official opinion, it is advised you seek legal counsel. It is really important to seek legal advice from the expert about filing for bankruptcy.


If the child support is retro does it matter if the father file for bankrupt?

Child support debt cannot be charged off in a bankruptcy.


Can a debt collector continue to call after you file bankruptcy?

No, not as long as they were included in the bankruptcy. You should give their information to your bankruptcy attorney, who will contact the debt collector. If that doesn't work, your attorney will certainly know what to do next.


Are you liable for debt cancelled in bankruptcy?

No you are not, If you deglared bankruptcy, that cancels your debt


What does reopening a bankruptcy case mean?

Usually, it means that more debt has been found, or it has been decided that debt already known can be included in the bankruptcy case. See the attorney filing the motion to have it explained.


Can a HELOC that is charged-off by the lender be included in a chapter 7 bankruptcy?

It has to be included in a bankruptcy filing. A charge-off is a tax break for the lender. It has nothing to do with whether the debt is still owing.


If a creditor has written off your debt can a collection agency then come after you for the amount?

If the debt has been cancelled, no; if the debt has been charged off, yes.


When filing bankruptcy do you include pending law suits?

Yes, if the lawsuit has been filed it should be included - or if you know its going to be filed you should include as a possible debt.


How do creditors report your bankruptcy discharge?

The creditor reports to the credit reporting bureau(s) they belong to that the debt has been listed in a bankruptcy in which a discharge has been granted. Strictly speaking, any debt that a creditor does not challenge in timely fashion is probably discharged, unless the debtor has committed fraud during the bankruptcy. The court does not specifically determine that a debt is discharged unless an adversarial action involving the discharge of that debt has been heard and a decision by the court has been made.