If you are referring to a Chapter 7 bankruptcy, you are stuck with debts incurred after filing the bankruptcy unless your case is dismissed without a discharge and later refiled. In a Chapter 13 case, sometimes post petition debts can be paid through plan or the debts can be covered if you voluntarily dismiss the case and refile or convert it to a Chapter 7. In the case of a conversion to a Chapter 7, it would cover all debts up to the date of the conversion. The reform laws that went into effect in October 2005 contain much stricter rules on cases where a bankruptcy has been dismissed and refiled to prevent "serial" filers. Before making a decison, you must consult a local bankruptcy attorney to decide if dismiss your case and refiling is a valid option for your circumstance. Finally, Chapter 7 cases are very difficult to dismiss voluntarily.
Yes, discharged debts are generally noted as "included in bankruptcy" on a CR.
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.
It depends on whether that creditor was listed on Schedule F at the time of the filing. The filing of Bankruptcy (BK) doesn't in itself wipe out the debt: that debt must be listed on the list of creditors. If a debt was discharged under BK then the creditor(s) on the list of discharged debts cannot take any action against the Debtor: IT'S GONE FOR GOOD! That's what BK is for-- to give a fresh start. If the creditor was such at the time of filing and the debtor forgot to include that creditor on the list, he may be able to later add it on and have that debt also discharged. Now, if the debtor has since incurred a debt after the BK was discharged then that creditor can take action against the debtor.
You not only can, you must. All creditors must be listed in any bankruptcy filing.
If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.
no, all creditors must be listed.
It generally takes 3-4 months after your meeting of creditors to receive your discharge. The discharge is the court order that says that all of the debts that you have listed in your Chapter 7 are discharged, that you are no longer legally responsible for them and that you are entitled to a fresh start.
Yes it is. The presumption of bankruptcy is that all of the bills that were owed will be discharged at the time. If for a reason the bill that wasnt listed came up it can still be discharged by the court. Your attorney can file an addendum for this with the court after wards.
When it is filed. A discharge may be opposed by a creditor and there may be listed debts that cannot be discharged, or unlisted debts that may be discharged, so the "discharge" date is irrelevant.
Yes. Assessments are due and owing on the date of filing and thereafter. If past-due assessments -- owed to the date of filing -- were listed in the bankruptcy filing, they have been handled by the referee and must be treated as subject to those rulings.
Yes, after bankruptcy your debt (that which was listed in the bankruptcy) is eliminated. It may, however, take some time to restore your credit rating to the point where creditors will take a risk on you.
Any debt listed (or should have been listed) in your bankruptcy can be reported as discharged for the ten years the bankruptcy can be reported. Since a student loan cannot be discharged without proving a hardship (the difficulty of which varies from state to state and even court to court), the default can probably be reported as long as it remains unpaid.
American Debt Enders offers free consultation for filing chapter seven bankruptcy. Their phone number is listed on their web page. There are no one hundred percent free bankruptcy services just free consultations. There are filing fee involved to file for bankruptcy.
If federal income or other taxes are listed as debts to be discharged, the IRS may send a representative to the 341 meeting to question the debtor about the listings, or if the debtor does not list debts owed to the IRS, a representative may be sent o ask the debtor about the omissions. Tax debts must be listed even if the debtor has a payment agreement with the IRS. The bankruptcy court will send a notice of the bankruptcy filing to the IRS and state DOR even if the debtor has not listed any debt owed to them.
If it was discharged, then you don't owe it anymore. However, you can't just assume that any particular debt was discharged by the bankruptcy, it has to be specifically listed. In particular, you probably cannot keep your house AND get your second mortgage discharged.
It should, but only for as long as the bankruptcy is active, and only so long as the debt is listed after the bankruptcy is discharged. More accurately, the garnishment must stop when the plantiff in the judgment has received notice that there is a bankruptcy.
If you are referring to a credit report the answer is NO. If the query is in reference to a creditor attempting to collect a debt that was included in the bankruptcy, the answer is also NO!2If the creditor is listed in the bankruptcy, No. If they continue to pursue it you can contact your attorney request a copy of the matrix filed in your bankruptcy, and either advise them of the page number the creditor is listed on and that it was discharged. Or, you can file a complaint with the federal court in your area and have it investigated.
The judgment would have to be presented to the bankruptcy court. Wow! Who mentioned bankruptcy? This is a money judgment against a admin dissolved corp. If bankruptcy had been filed the judgment, if listed, would be discharged and worthless.
You will receive, directly from the bankruptcy court, a notice of filing and information on filing your claim with the court. If you believe a person has filed bankruptcy, and you know the person' s address, you can check with the clerk of the bankruptcy court. The bankruptcy court one files in is determined by the county within which the debtor resides.
Assuming there is a discharge order, probably not. A discharge affects all dischargeable debts, not only the ones listed in the bankruptcy, unless the debtor deliberately tried to create a "preference." In that case, the trustee might be able to capture the payments made after the filing date and apply them to his fee and the creditors.
No, it cannot be removed but the information can be amended to read correctly. A bankruptcy discharge remains on a credit report 10 years from the date of discharge.
I assume that the debt or cause of action against the debtor already existed at the time the debtor filed for bankruptcy relief. The filing of an order for bankruptcy stops most other pending lawsuits against the debtor dead in their tracks until the bankruptcy case has been finally resolved.Can you sue them for filing bankruptcy, or for receiving bankruptcy protection, causing you to receive less, or nothing? No. They are legally entitled to file for bankruptcy protection if they qualify. Debts discharged by bankruptcy courts are wiped out forever by law.However, if a debt was voluntarily reaffirmed by the debtor after being discharged in bankruptcy, and proper payment was not continued according to the new agreement between the debtor and creditor, the creditor can sue on the new terms of the debt as reaffirmed.But any dischargeable debt that was listed on the debtor's petition for bankruptcy cannot be touched unless the interested party meets them in court the day of the hearing, and files an objection with some kind of grounds showing that discharge of the debt would be unfair (for example, the debtor had defrauded the creditor). Even then, the judge's decision is final.And certain types of debts are never discharged, even if the debtor has gotten bankruptcy relief for his other debts. Student loans and taxes are two examples of debts that will not be discharged in bankruptcy. The debtor remains fully liable for such debts.
One can call the Bankruptcy Clerk for the Division in which a bankruptcy case is filed to get case information such as filing date. The filing date of a case is also normally listed on the Notice of Bankruptcy also. 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.