Debt and Bankruptcy
Bankruptcy Law

Are accounts after bankruptcy included in bankruptcy?


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2009-12-13 03:29:10
2009-12-13 03:29:10

Any debt that you accumulate before your bankruptcy filing and have listed on your petition will be eliminated when you receive your discharge as long as your creditors do not file an injunction against you. After you receive your discharge you are welcome and able to open new credit accounts but any debt you accumulate will not be considered a part of the bankruptcy you filed before opening the account.

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The term negative is rather confusing. If the account did not have a balance it would not have been included in the bankruptcy. Any account included in a bankruptcy will remain on the report for the requred length of time, open accounts would be seven years, they will be marked included in bankruptcy. The BK accounts listing will remain for 10.

"Included in" bankruptcy? No. It stops any interest or penalties on unsecured debts. If the bankruptcy fails, the accrued interest or penalties will be added to the account, and the statute of limitations starts ticking from where it was on the date of filing.

There are a couple of banks that offer accounts for those that have declared bankruptcy. Wells Fargo and TCF Bank offer accounts for those who have filed bankruptcy.

Your credit score will go down drastically with a bankruptcy reporting on your credit reports. All your items included in bankruptcy will be reporting too. The best thing you can do is try to remove the bankruptcy by disputing it to the credit bureaus. You will also need to dispute everything that is included in bankruptcy. You will also need to pay your bills on time, get a variety of credit and begin a good payment history on your other accounts.

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.

Yes, discharged debts are generally noted as "included in bankruptcy" on a CR.

No, 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.

If creditors believe the person is trying to remove funds from accounts to keep them from bankruptcy proceedings; creditors can petition the court to freeze all accounts/assets. A bank cannot arbitraily seize account funds unless the depositer has a loan with the bank which includes a set off provision. Even then the bankruptcy trustee can request the funds be returned and included as assets in the bankruptcy.

Your credit report will show both the accounts (which were listed first) and the legal entry of the bankruptcy in the public records portion of your credit report. Once a bankruptcy is discharged, credit grantors should update the account listing (called a trade line) and make sure that no derogatory information is showing (like past due balance or collection account notations) EXCEPT for the "included in bankruptcy" statement. This is what SHOULD happen. It's up to you to follow up and make sure that your credit report looks like it is supposed to after a bankruptcy.

Not only can the be included, they MUST be included. All debts whether to Walmart or Aunt Betsy needs to be included in your bankruptcy filing.

You don't have a choice, ALL debts must be included in your bankruptcy petition. Oh, also, priority debts cant be discharged in a bankruptcy.

Yes and no. If an account was already charged-off before the bankruptcy, it can be reported as a charge-off. By law, the creditors must charge-off accounts included in bankruptcy, BUT they can not REPORT that charge-off if it happens AFTER the bankuptcy. Negative reporting on discharged debts is a violation of the permanent injunction of the discharge.

The fact of filing bankruptcy is already going to lower your credit score, and the point of bankruptcy, part of it anyway, is to resolve unpayable debt such as collection accounts. It is in your best interest to add the collection accounts to your bankruptcy, but if you consult your BK attorney, he is likely to advise you of this. The bankruptcy is the first next step in repairing your credit and improving your credit score.

Yes, if the tenant is not included in the Bankruptcy creditor list

Yes, a bad check in collections can be included in Chapter 13 bankruptcy. You will need to list it as one of your collection accounts.

If the debt that you were sued over, or the judgment itself was included in your bankruptcy, you only need send a copy of your bankruptcy papers to the credit reporting agencies. The judgment will not "come off", but it should get marked "included in bankruptcy" or "discharged through bankruptcy".

Because the credit bureaus are notorious for reporting credit inaccurately, from addresses you never lived at to wrong spellings of names to accounts that aren't yours. If you notice a problem, contact the agencies, dispute it and be ready to show them the paperwork to prove your point.

No. What will happen is all the defaulted accounts listed in the bankruptcy will be marked as such.."included in bankruptcy". The credit history, late payments, judgments, etc. will remain the same. In addition to the scenario in the above answer: The bankruptcy filing itself will be listed in the "public records" portion of your credit report. The disposition needs to be listed also (the discharge). The "bad marks" (i.e., the accounts) will show on your credit for 7 years. The bankruptcy listing will show for 7 years for a completed and discharged Chapter 13 bankruptcy and 10 years for a discharged Chapter 7.

Yes. If joint debts are an issue, it is beneficial for both parties to enter into a BK filing. If not the one who is not a party to the bankruptcy will be liable for those debts.

You can dispute a bankruptcy to the credit bureaus. This gives them 30 days to verify it with the courthouse that filed it or it must removed from your credit report. This would only be the bankruptcy, not the items included in bankruptcy. You would have to dispute them separately. Answer No, a bankruptcy cannot be removed if you actually had one and it was discharged. Rather, it will "time out" after a set number of years. You can recover some credibility after a couple of years of paying accounts as agreed.

The accounts affected by your BK filing should drop-off after seven years, under the normal course of business. You will want to ensure that they correctly show "Discharged through Bankruptcy." If they do not, you should dispute them, because they are adding to your injury and double-counting against you. If the CRA cannot verify the status of the account within 30 days, the account could come off sooner. Be diligent in monitoring your report after bankruptcy to ensure that all accounts are correctly reported. Errors can work in your favor. Also, be sure to keep copies of all of your bankruptcy documents in case you need to prove an item was indeed included in your petition. Good luck!

the banks credit card and your checking savings accounts are different. if you file bankruptcy they will check your available balance to see if you can make partial payments towards your creditors. only the IRS or government can freeze your accounts.

It will affect any accounts that you own jointly. The public record should not show on your credit report but the accounts that are included in bk which you share will be reported to the bureaus as "included in BK". I would suggest that once the process is complete you contact all three major credit bureas and have them add a description to the account and notate that the accounts are cosigned accts and that you are not the principal signor.

The charge offs will remain the required seven years and should be noted as included or discharged in bankruptcy.

This would be the best case scenario for your credit report, but it does not happen automatically. Hopefully, your bankruptcy attorney was diligent about informing all creditors included that their debts were discharged. If not, and you still have derogatory information showing that was included and discharged in a bankruptcy; then you need to send letters of dispute to the creditors and the credit bureaus. Follow up to make certain that nothing shows on your credit report except for the legal entry of bankruptcy, its disposition (the discharge) and all trade lines have no negative information except for the "included in..." or "discharged through..." notation.

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