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.
No
Yes.
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.
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.
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.
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 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.
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.