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Why would a creditor object to a debt being discharged if the debtor no assets and very little income?
Wiki User
∙ 8y ago
It's according to how much you owe. If it's a large amount they may give you a hard time. You them need to go in front of the trustee and be able to prove why you needed to use the credit card. It may be do to a change in income, illness, high prescription cost, needing to buy food on it, etc.
Wiki User
∙ 8y ago
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Does an insolvent person always have to file bankruptcy?
No, if the debtor is judgment proof (i.e. there are no assets/income for the creditor to take) then there would be no need to file a BK.
Is is possible for a creditor to garnish an insurance settlement that you are scheduled to receive?
Assets and income that are exempted from creditor lawsuit action is determined by the laws of the state of residency. The property that a debtor can protect from creditor execution is the same property that is noted in a bankruptcy filing. In most cases there are certain federal exemptions that can be used as well as state to stop creditor seizure of specfied property owned by the defendant debtor.
What are tax implications of debt discharged in a chapter THIRTEEN bankruptcy?
Unless it is a tax debt, none. Discharged debts are not income to the debtor.
Can the credit card co take your state income tax return you file joint with your husband who is retired?
No. A creditor cannot seize any property belonging to a debtor until said creditor sues the debtor(s) and receives a judgment order.
What property can a judgment creditor attach if you do not own real property or vehicles and the only money in your checking account is from regular wages?
They can garnish your wages. Texas only allows a judgment creditor to garnish wages if the creditor has no other options available to execute the judgment. A judgment creditor can levy a bank account including a joint account or a joint marital account. Regular earned income (wages) deposited into a bank account are NOT exempt from creditor seizure. The creditor may also seize and liquidate any non exempt assets belonging to the debtor (bonds, stocks, jewelry, livestock, a specified amount of tools of trade, in some cases household furnishings, etc). Texas is a community property state, therefore, it might be possible for the judgment creditor to seize joint marital property even if only one spouse is the debtor. Some income, however, cannot be attached by creditors or persons who prevail in a lawsuit. For example, disability income, Social Security income and military retirement income cannot be garnished or attached by a creditor.
If a chapter 13 bankruptcy has not been discharged can a creditor be added?
The bankruptcy is not discharged, the debts are. A creditor can be added if the plan is not too far along or if you have the excess income to pay whatever the creditors are being paid (percent of debt) for the balance of the plan. If it is a post-filing debt, it cannot be added.
What is a 1099-C from a creditor?
It is the notice given to the debtor and the IRS that the debt has been cancelled. The amount of the debt is now considered taxable income under IRS regulations and must be included on the debtor's tax return.
Will you get a 1099 for debt discharged in Chap 7 bankruptcy?
No. Unlike some non-bankruptcy situations, debt wiped out in bankruptcy (any chapter) is NOT income to the debtor.
Is there a form to file a Motion to Amend a discharged no-assets Chapter 7 and add previously unknown creditors of debt incurred before filing?
No, there is not an option for reopening a discharged BK to add creditors, such action only applies to assets or income that was not included in the original filing.
Will cancelled credit card debt be reported on a credit report?
It should. * Yes, and the debtor will receive a 1099C from the creditor, the amount shown on the form is considered taxable income under IRS rules and must be reported on the debtor's tax return as such.
How do you garnish wages in New York?
File suit against the debtor in the appropriate state court in the county where the debtor resides. If the plaintiff wins a judgment they can execute the judgment as a wage garnishment against the debtor. New York allows a maximum of 25% garnishment of disposable income by a judgment creditor.
What is a reaffirm?
Reaffirmation is an agreement between the creditor and the debtor that the debtor will keep an asset after BK, but the debtor must still pay as required. Example: You file a Chapter 7 and have a mortgage on your house. It is the only thing that is current and up to date in payments. The rest of your debt is unsecured credit cards. You may "reaffirm" your mortgage. This means you would keep the home, and you would still be responsible for paying the loan as per the original agreement and the unsecured debts are discharged. Note: A judge can decline a reaffirmation request if your income does not look as if you can maintain the payment.
