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What do you do when a creditor in bankruptcy files an adversary proceeding?
Wiki User
∙ 14y ago
An adversary is just a lawsuit. If you don't want the judge to rule against you you need to file an answer.
Wiki User
∙ 14y ago
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Payday lender files false claims in bankruptcy?
Contact your attorney. Depending on the situation, he/she may add it to the bankruptcy (it may be easier to discharge it than fight it), object to the claim, or file an "adversary proceeding" (a lawsuit within the bankruptcy case) to bring it before a judge.
Is it legal for a credit company attorney to be sending relief from stay motion papers directly to the creditor instead of the attorney which represents the creditor that has filed chapter 13?
If a creditor files a motion for relief from stay in any bankruptcy proceeding, the papers should be served on the debtor's attorney of record.
What does it mean when a creditor files a motion to release?
The creditor is asking to be excluded from the bankruptcy. If that is granted the debt will be valid and the creditor can resume collection action.
What is a bankruptcy plan review?
A bankruptcy plan review is when an individual or business files for bankruptcy and a plan for settlement on the case is reviewed by the parties involved. This type of proceeding is often monitored by mediators and attorneys for the various parties.
If one files bankruptcy and has a co-signer will if affect their credit rating?
If the account the cosigner is on is included in the bankruptcy it will appear on their credit report. In most cases the cosigner will not be relieved of the debt when the primary holder files for bankruptcy. The creditor(s) can then pursue the cosigner for the collection of money owed.
Can a creditor sell a repossessed vehicle they have had in their possession if the debtor files bankruptcy?
Possession is 9/10th of the law. Not if the vehicle qualified to be listed in the bankruptcy filing. In which case no action pertaining to the vehicle can be taken until the bankruptcy proceedings are finished.
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.
If you are a landholder on a home and the person files bankruptcy will they be able to include the debt they owe you into the bankruptcy?
They can include it, but the creditor/landholder can file a relief of stay to have the debt excluded from being discharged in the bankruptcy. The decision of what debts are to be discharged are determined by state and/or federal law and the bankruptcy judge.
Can a repossesion company get a boat after bankruptcy has been filed on it?
The creditor can repossess the boat, after it files a motion for relief from stay that is allowed or you have agreed to surrender the boat to the creditor. The repo company is only acting as an agent for the creditor.You do not file bankruptcy "on" anything. You file bankruptcy to have your debts discharged if they are dischargeable. If you have intentionally omitted other creditors, your petition or discharge could be denied.
You want check your name in list bankruptcy?
Someone files for bankruptcy themself...so you would know if you did it. Its a big, big deal...a legal proceeding and process...that takes a long time
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.
If a person files bankruptcy and it is discharged and closed it does not they can still take the inheritance to pay back creditors?
Once the debt is discharged, a creditor cannot reinstate it, even if you win the lottery.
