Should you tell your creditors you are filing bankruptcy?

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Yes. It will get them to stop calling. Otherwise, the court will let them know when you file.

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.
Answer:
Part of the bankruptcy process is for you and your lawyer to meet with your creditors and their lawyers. This meeting is typically 30 days after your first file and held by your trustee. During this meeting you will be sworn in under oath and all discussions during the meeting will be recorded. The purpose of the meeting is to discuss the bankruptcy papers filed on your behalf. This meeting doesn't normally take too long and creditors are not necessary required to appear.
After this meeting, your assets are liquidated and your creditors are repaid.

Absolutely never tell anyone, especially a creditor that you plan to filie BK! All this does is make them move faster to secure their debt and position with judgments, or act to reposess whatever they can...BEFORE you file. Yes, when you file, they will stop calling and trying to collect...BECAUSE THAT IS THE LAW..they can't continue doing so.
After you file, creditors will even try to have this "automatic stay" stopped, or if you screw up and have the case dismissed even for a few days technical error, will then pounce on anything they can find.
Sure, a collector is going to stop calling because you said you would file BK.....right...got it. That's all it takes to stop them from calling or trying to collect. tell them your gonna file BK...which means they likely won't get anything once you do. That wouldn't give them anyreason to act faster and be more determined now would it? Really sounds kinda' dumb just saying it doesn't it?
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After you file bankruptcy how long does the creditor have to repossess a car?

NOT sure on this, but it seems that until they give up the right to repo by getting a judgment for the amount owed, they could still repo. Once they get the judgment, they would not have the car for security for the loan. Ill check on it and post again in a couple of days. They may let it go due to lack of security, but remember: no payoff, no deed certificate.

When filing bankruptcy do you list the original creditors or the collection agencies?

You will list on the petition the actual names of the creditors not the collection agencies. After you file your petition you will give your docket number to any of the creditors or the collection agencies who are trying to collect monies for the creditors listed on the petition when they call you or send their demand letters. Please be very careful to include ALL the creditors you wish to declare bankruptcy on. Once you file your petition you cannot add creditors later. You can actually amend your BK Schedules anytime prior to discharge, so if you forget someone, its not too late. However, you will have to mail the notices of Commencement of Chapter 7 yourself and will be responsible for renoticing the creditors if notices are returned due to a dead address or forwarding expiration. I recommend listing both the collection and the original creditor. The collection agency may have purchases the debt and be more than a collection agency at that point. Also, listing the collection agency means that that they will be notified of the automatic stay directly by the court and the phone calls will stop sooner. Regardless of what you do, remember that the new law that goes into effect in October 2005 requires you to list the original creditor at the address on your statements. I am a bankruptcy attorney and I always list both the original creditor and the collection agency or attorney representing the original creditor so that the creditor cannot later complain that they did not receive proper notice of the bankruptcy. I always pull a fresh credit report from all 3 bureaus on the date the petition is filed so that I don't miss any creditors who may have bought an account or that are representing a creditor in some way.

Does your spouse have to tell you they have filed for bankruptcy?

%FOLLOWUPS% Items on your credit history remain only with you. They do not get copied to your wife's credit history after you get married. The only items that appear on both your credit histories is if you have a joint account with both your names on the account. I would get the advice of a lawyer on how best to proceed. You may have certain rights or obligations depending on whose name was on what papers. I am an attorney who concentrates her practice in bankruptcy. No, your spouse is not required to tell you that he or she has filed bankruptcy. However, if you are anticipating dissolution of marriage or there are other special circumstances, the court may find fraud if your spouse disposes of assets or relieves himself or herself of debt. It varies from state to state. However, there is no requirement that a spouse tell the other of a bankruptcy. Bankruptcy is a matter of public record though and you can look up whether people have filed or not by going to the PACER website.

How do you get your vehicle back from a creditor after filing bankruptcy papers with the court?

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.

If you are filing Chapter 7 bankruptcy which creditors should you pay first?

There are debts that are not dischargeable in BK. Federal and State taxes. Child support and/or alimony. Student loans. Personal injury judgments, etc. A BK discharge does not mean debts are no longer owed. It prevents the creditor(s) from attempting to collect. After discharge, a consumer can choose to pay any creditor, without reassuming the debt as a whole.

Do you have to be behind on payments to your creditors to file bankruptcy?

No. You can file any time. You actually don't even have to have any debt to file. Anyone can file anytime as long as you meet the minimum reqirements for each chapter.

Should the creditor report the payments made by the cosigner after the borrower has filed bankruptcy to the credit bureau?

%DETAILS%. Answer . I'm really not sure the answer to your question. However, I'm in a similar situation and wonder if you could answer some questions I have. I will try to give a shot at answering your question though. Has the bankruptcy been discharged? Because if it hasn't the person is still under the protection of the automatic stay of the bankruptcy court and the creditor would not report during that timeframe. A suggestion, you may want to refinance the vehicle in your name and change the titling information to reflect just your name - so that the person could not come and get it..

When should you file bankruptcy?

First of all, one should never consider bankruptcy just to avoid being hassled by creditors. Some factors to consider, are, the amount and type of debt owed compared to the person's ability to pay those debts. Not all debts can be discharged in a bankruptcy and secured creditors always have the "relief of stay" option. Due to new bankruptcy reform, filing a chapter 7 will become extremely difficult. The best option would be consulting a qualified bankruptcy attorney, most offer free consultations or at a minimal fee. I found a really good company that helps with this in the States. They have a toll free number and can answer your questions. 888-894-3275.

How do you find creditors' addresses for filing bankruptcy?

Answer . Check your Credit Report. It has the names, addresses, and phone numbers of each of the creditors used over the past 7 years. Call or go on-line to contact all three Credit Reporting Agencies.. The Bankruptcy Code as amended in 2005 requires you to use the creditor's address that is on the last three written notices that creditor has sent you. If you have not received anything in writing from them in a while, then go online and search for the corporate address and telephone number. Call them and ask them what their company's bankruptcy address is. Write down the steps you took to obtain the proper address in case you need the information later. Use all addresses you have for that creditor in your bankruptcy schedules and mailing matrix - overkill is better. Failure to properly notify the creditor may result in that debt not being discharged so treat this as one of the most important aspects of filing.

If you are not listed as creditor on your tenant's bankruptcy and the debt occurred after the bankruptcy was filed can you proceed with an eviction until you are notified of the bankruptcy filing?

\n. \n Answer \n. \n. \nYes, if the debt/contract has not been included in the bankruptcy filing, a landlord may proceed with eviction process unless or until notified by the court to do otherwise. It would be advisable for the involved party to be certain that state laws pertaining to the action are properly followed.\n. \n Answer \n. \nActually the answer is likely no. Once a bankruptcy is filed, any and all collection activities must cease, whether you were listed on the scheudles or not. Because you note the tenant filed for bankruptcy, you are aware of it even if you didn't get official notice. \n. \nBut the real question is the date of the debt. Like most rental agreements, the agreement is for an annual lease payable in monthly installments. So if the contract was signed prior to the filing, then the debt would be included. If the contract was signed after the filing, then it is not part of the bankruptcy.\n. \nThere are special provisions regarding residential leases and landlords. It would be advisable for you to invistigate them or contact an attorney. It is possible to evict a tenant even with a bankruptcy filing as evictions are not always considered a collection acitivity. But again, there are special rules regarding this situation. You may not be able to evict for a set time period, but then would be permitted to do so later.

Can you file bankruptcy against one creditor only?

Answer . \nNo, all creditors must be included in bankruptcy whether or not the accounts are in default. Intentionally omitting a creditor from the BK schedule will result in a dismissal and possibly other penalties.

When should you tell creditors you have retained a lawyer for bankruptcy?

Answer . \nWhen the bankruptcy is filed the BK court will contact all the creditors listed. \n. \nIf the debtor is receiving collection calls he or she should inform the collector that legal counsel has been obtained. When a creditor has been informed that the debtor is represented by an attorney the creditor cannot contact the debtor directly.

How long do you have to add a creditor after a bankruptcy has been filed?

you can add a creditor any time just make sure you didn't make that bill in bankruptcy the courts can dismis your case if you did make another bill in bankruptcy. talk to your lawer some times they charge a fee to add a bill.

If you have a credit card and use it just before filing bankruptcy can a creditor deny your bankruptcy?

If you are on the brink of bankruptcy... you probably can't get a credit card.. Opps... didn't read that right. Sorry. I really don't know.

Creditors calling after i filed bankruptcy?

Tell them you filed. Give them the case number. Give them the number of your attorney. If they continue to call, tell them every time they called that you filed and WRITE DOWN THE DATE AND TIME. Make sure you verify which creditor is calling. Every call after they are informed that you have (not will) file bankruptcy is a violation of the Automatic Stay and they can be fined heavily. 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.

What should you do before filing bankruptcy?

Before filingBankruptcy, one must consider all the other ways to repay theirdebts. Bankruptcy filing is not an easy task, as it involves aseries of legal procedures. If a person is about to file forchapter 7 bankruptcy, then they must be prepared to liquidate theirnon-exempt properties. The bankrupt persons must analyze theirfinancial position and make a list of all available assets andproperties in order to find and dissolve the non-exempted assets.Nowadays filing bankruptcy has become easier by hiring a bankruptcylawyer, one can find the available lawyers through some websiteslike bankruptcy.expert, nolo.com

Can should your spouse get a job after filing bankruptcy chapter 7 but before the meeting of creditors?

You can switch jobs at any time during bankruptcy. The tax returnsfor the previous year are usually used when figuring income inbankruptcy. It is doubtful the new income would be a factor.

Should you file for bankruptcy?

As anyone who has seriously examined Chapter 7 bankruptcy protection knows all too well, filing bankruptcy may be the absolute worst thing that borrowers can do to improve their financial position. For desperate folk suddenly realizing that there is little they can do on their own to achieve debt relief, bankruptcy might seem like an attractive possibility. After all, from our earliest memories, Americans are taught to respect bankruptcy as the (for whatever reason) dignified end to debt crises. Whether playing board games or watching cartoons, we're taught that bankruptcy is just what is supposed to happen once any borrower has debts that they can no longer responsibly manage. In our culture, bankruptcy is simply expected to be the final debt solutions to personal economic strife. Even as the nature of consumer debt changes from hospital bills and department store accounts to the burdens of credit cards too easily granted and too quickly filled to their limits, bankruptcy maintains a mythic allure as an all-inclusive cleanser for financial woes.. Much as the debt protection of bankruptcy may have seemed a godsend for the generations that came before, there are now any number of new bankruptcy alternatives available for those debtors who have faced financial misfortune. More to the point, once a consumer takes time to fully analyze the Chapter 7 bankruptcy program, they may very reasonably wonder whether or not bankruptcy would be the correct choice for any debtor regardless of their own situation. Successfully filed and discharged, bankruptcy protection could indeed offer consumers new beginnings. In the best scenario, the fortunate borrowers could even start their financial lives over from ground zero, but that is only after they have suffered a harrowing ordeal that risks the utter ruination of their credit rating as well as the potential loss and seizure of any even vaguely valuable possessions.

Can you be sued by a creditor that wasn't included in your bankruptcy filing?

Sure. If they were included they couldn't. Kind of make sense doesn't it? You file BK for protection from creditors and are required to list them all, so among other things, they get notice and are included as creditors with an ability to file and collect the debt as a claim against the assets. You don't include them to be protected from them or for them to participate in the BK. You really can't expect to have the bar of separate action to extend to them. In fact, as you were required to list all debts & assets, (not just pick and chose what you wanted), and swore you did so to the court in your filing, the Court has been known to get very upset about things like this and frequently asks it be prosecuted as fraud.

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.

What if I don't list all creditors or debt on my bankruptcy filing?

It gets a little complicated...but only a little. (Below is from the point of view of the creditor). If you weren't listed...which you were supposed to be...and the debtor swore to the court that they provided truthful and accurate info on all known creditors (as well as income items)... then they may be found to have committed a fraud and can now face criminal problems too. Courts and judges, which are the ones lied to, take this very seriously...even personally. (Makes collection that much easier). Certainly, if you can show that they knew or should have known of their debt to you and still didn't list you to provide fair notice...his new problems and that your debt wasn't discharged and is still collectible are likely. If you were listed, or the debtor can show there was some basis for not listing you, and hence you didn't receive notice of the requirement to file a claim...and depending on how all the public notices requirements to provide everyone concerned a chance to hear about and file their claim were followed, your debt may still be considered discharged..

The circuit court sent garnishment payments they received to the creditor after the date they filed the hold on the garnishment due to bankruptcy should I get that money back?

It's not your money any more. The bankruptcy trustee may be able to get the money if the amount was high enough, since it is a preference, but not you.

Can a creditor sell your account after filing bankruptcy?

Sure...it doesn't change the rights of the creditor...or your obligations as a dedtor...the buyer probably paid very little and is hoping your BK will pay the debt off at a higher amount.. Basically, a creditor may sell his rights at any time....it is does not change your obligation under the loan at all.. To clarify, it does not mean the new creditor can disregard the bankruptcy and any bar on collection activities that may be in force just because they just bought the debt. They only get the rights to what you would have paid the original creditor in the bankruptcy - they "step into the shoes" of the one they bought from.

When should a creditor legally stop asking on credit applications if you have ever filed a chapterthirteen bankruptcy?

Your confused. Credit applications are made to prospective creditors...to get credit...they aren't creditors yet. They can ask this, and other questions, as long as they want...they don't know you and are getting the info they require to decide if they want to extend credit to you...something that is their own personal choice...that includesd how important an old, or new, BK filing is....if you don't like the way they make their decisions or do their business, go to someone else and ask them for credit. The BK will appear on your credit report, provided by credit reporting agencies, for 10 years.

How do you file bankruptcy if you don't have a complete list of all your creditors?

Well, if you can't even figure out how to file all the forms to start (and not being able to keep track of who you owe and made legal promises too is to say it's going to get harder from here), and may even realize the need to make sure some special processes and filings are made to assure you get protection/benefits of the filing (and don't expose yourself to actual criminal or financial liabilities)...you should let your laywer worry about....in other words...YOU NEED AN EXPERTS INDIVIDUALIZED HELP.. Just like you couldn't handle your own finances and really should have had someone knowlegeable helping and accounting for you - (no dispute...your in BK and not able to pay your obligations...heck, not even caring enough to track them)....you absolutely need to hire someone to help resolve the issue and can't do it yourself.

Can creditors still report delinquencies after filing bankruptcy?

Yes. The automatic stay in BK only means they can't actively pursue collection with you, that it must do through the court.

A friend owns two house one of them went foreclosure can the creditors go after his second house for the left over if so should he file bankruptcy?

Yes.. BK includes all your debts/obligations and all your assets, not just some.. They each ae given priorities and some may be exempt from use or discharge,. Theses creditors would be unsecured creditors agaisnt this, and all other assets. The lender on this property would have priority of payment from it, with the reminder, if any, going to lesser priority claims.

When should a landlord be listed as a creditor when filing for bankruptcy?

If you owe your landlord a lot of bank rent, they could be listedas a creditor. However, it might not be a good idea as the landlordmay be more prone to evict you if they haven't gotten their money.

Can you file bankruptcy after creditors have started legal action?

Yes. The automatic stay prohibits further activity until the case is dismissed or completed or the creditor gets relief from the automatic stay.

What if you tell creditors you are filing for bankruptcy and then you don't?

It is nothing you WANT to tell them...all it does is make them speed up their efforts to collect and act to leaglly secure their position to your assets before you file - and of course, stop providing any new credit immeadiately.

When filing bankruptcy what do you do with creditors that 'drop off' your credit reports before you file?

Your credit report is irrelvent. Certainly many debts are not on one. If you owe the debt, report it.

If you filed bankruptcy and one of the creditors had a lien on a car do you get the title back after the bankruptcy is final?

Normally, as a secured creditor he would get to repossess and sell the car to recover as much of what you owed.. Or if you reaffirmed the debt, then the lien stays as does your obligation to pay.

What do you tell creditors after filing ch7 bankruptcy Pro Se without an attorney?

You should not tell them anything...the court will handle communication.. Ypu should refer them to ask any Qs they have to the court.

Should a Christian file bankruptcy?

Filing bankruptcy has no affiliation with religion. If filing bankruptcy is he best financial options available, then you should do it.

What do you do when a creditor in bankruptcy files an adversary proceeding?

An adversary is just a lawsuit. If you don't want the judge to rule against you you need to file an answer.

Is it illegal to not tell creditors that you have filed Bankruptcy?

You don't have a choice. You list all of your creditors and the court notifies them of the filing. If you deliberately omit a creditor from the list you can be charged with a federal crime and, more seriously, denied a discharge or have your discharge (as to ALL creditors) revoked.

Should original creditor and the new creditor the account was sold to be included in bankruptcy?

Both and anyone else you can think about in the middle, because it removes any claims down the road for not providing proper notice.

What happens if a creditor garnishes after filing bankruptcy?

I assume you mean after YOU filed bankruptcy (the creditor's filing bankruptcy doesn't affect your garnishment, except maybe to change who's "garnisheeing"--NOT "garnishing"--your wages). If so, contact your attorney so he/she can bring the creditor into court for violating the automatic stay.

Do you have to pay back creditors after you file bankruptcy?

Good question. It is important to know what you have to continue doing and what you are discharged of in bankruptcy and also to familiarize yourself with the different types of bankruptcy and their differences Generally speaking, if you are filing for chapter 7 bankruptcy then the majority of your debt will be discharged and you would not have to pay back your creditors. If you are filing for chapter 13 bankruptcy then you likely would but under your repayment plan you would probably be paying less that you originally are.

How do you get a list of creditors after filing bankruptcy?

You had to give a list to the court. If you did not have an attorney and did not make a copy of Schedules D, E and F or the matrix, you can get a copy from the clerk's office or from the place in your state where they store old bankruptcy files.

Bankruptcy Petition - Filing and Save Yourself from creditors?

When an individual is no longer in a position to pay debts and a repayment plan has failed to work, they may be forced to file a bankruptcy petition which allows the court to protect the debtor from the creditors harassment. Before the debtor can file, they are required to get themselves an attorney who will advice them appropriately on the move the debtor is about to make. The debtor will also be expected to present to the court a list of all the creditors. This must be accompanied by a list of all assets that are in his name and recent copies of their financial statements. Before filing the bankruptcy petition, the debtor is required by the court to go through credit counseling which is done by a non-profit credit counseling agency appointed by the court. This session takes an hour or two and helps the debtor to clear any doubts that he might have on the issue. It will be done before and after the filing. Once the bankruptcy petition has been filed, a means test will be done in court to determine if or not the debtor qualifies for chapter 13 or 7. In case the disposable income of the debtor is below the median of that particular state, then the debtor cannot be allowed to file for chapter 13 but instead will have to sell off his property to cater the debt. The court will then call for a meeting in which the debtor is required to confirm a list of all the debts in his name. This is done in the presence of creditors and trustees with the debtor under oath. By : http://www.loansstore.com/filing-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.

When you file bankruptcy how long before creditors stop calling?

within a few days (as it takes time for the BK crt. to mail notice of filing to creditors). If calls continue then its a violation of the automatic stay.

Should you tell your electric and phone company that you filed chapter 7 bankruptcy?

YOU go bankrupt. Not on a bill, or a this or a that. All your debts, and all your assets are included. Not including everything in the court papers you file may not only invlaidate your entire filing, (and obviously leave you with more debts than you would otherwise), but be criminal, contempt of court, fraud, and put you in jail. Generally, your assets are used to pay your debts, with any excess debts being discharged. Yes, utility bills are dischargeable debts. Why wouldn't you report them as part of your BK?

Do creditors get money from settlement if no claim was filed during bankruptcy?

They would legitimately be entitled to be a party to the settlement but would need to apply to the bankruptcy administrator for consideration in this instance.

Does a creditor use the filing date of the bankruptcy or the date of discharge?

That depends on what you mean by "use" -- for what purpose? The filing of the bankruptcy stops all collection activity, so in terms of the automatic stay going into effect, that occurs the date the petition is filed. As you probably know, the automatic stay is what stops your creditors from foreclosing, evicting, garnishing wages, or taking any other collection action, including phone calls. The date of discharge marks the date when unsecured debts are "discharged" or eliminated. If you are thinking in terms of evaluating your creditworthiness and calculating how long it's been since a bankruptcy, all bankruptcy filings do show up on your credit. But the famous 7-year prohibition on another bankruptcy is based upon discharge -- it's not that you can only file one bankruptcy every seven years, it's that you can only receive a discharge once every seven years. In that context, the date of discharge is used. If you can clarify your question a bit or give me the fact pattern, I can give you a better answer.

Can file bankruptcy stop creditor from collect debt?

Depends on the debt type. Federal loans, mortgage, auto loans, among other specific ones, can not be discharged and thus can continue to attempt to collect. A bankruptcy might delay it for a short time. In general, the answer is yes. Once a bankruptcy has been files, it will (should) stop the collectors from either calling or visiting you. Sometimes you have to show them proof of that. If they continue you may (again MAY) file a lawsuit against them. Every case is specific so there is not an universal answer. Hope this helps.

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.

When should one file for bankruptcy?

One should file for bankruptcy when ones amount of debt is so overwhelming and the calls from creditors just won't stop. Basically when your at ones end financially. But one should consult the proper bankruptcy company to discuss all ones options.

What bankruptcy should you file?

The type of bankruptcy that you file all depends upon your personal case. If you have little in the way of assets and a lot of unsecured debt, then Chapter 7 is likely going to be the Chapter to file. If you are trying to save a home from foreclosure or reorganize other types of debt, then Chapter 13 would be your best choice. Consult with an attorney to make certain you are filing the proper Chapter for your particular case.