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If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.

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18y ago
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18y ago

The creditor is bound by the terms of the Chapter 13 plan. If the creditor doesn't file a proof of claim, then they don't get anything. If they are demanding money, the creditor could be in violation of the automatic stay and you can bring a motion for sanctions.

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16y ago

Not from you or your bankruptcy estate.

Check and make sure the "third party" didn't purchase the debt from the original creditor.

Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.

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Q: Can a debt collector demand payment for an amount that has been included in a chapter thirteen bankruptcy?
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Related questions

Ifa bad check is in collections can you place it in chapter thirteen?

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.


Can a debt collector still collect your debt if you file chapter 13?

No they cannot, as long as you included them in your bankruptcy. They would be in violation of Federal Law, and liable to suit and possible penalty from the bankruptcy court. The bankruptcy attorney, or the trustee should be notified about any collections on a bankruptcy account.


If you owe the IRS and you are under a Chapter Thirteen bankruptcy can you taxes be taken?

Yes.


Can medical bill included in a chapter 7 bankruptcy?

yes it is


Can college debt be included in a bankruptcy?

No. Educational loans will remain with your during and after the bankruptcy is completed. This holds true regardless of whether you decide to file for Chapter 7 or Chapter 13 bankruptcy.


How do you remove a dismissed chapter thirteen bankruptcy from a credit report?

You can't. A valid entry for a dismissed chapter 13 bankruptcy will remain on a credit report for seven years from the date of dismissal.


Can an individual establish a corporation while on chapter thirteen bankruptcy?

Yes, a person can start a business or corporation while in the midst of a Chapter 13 bankruptcy case. If you are looking for start-up funding, you will have to ask the bankruptcy court for permission.


Are payday laons included in bankruptcy?

Payday loans can be put in chapter 7.


Can you sell a vehicle that was included in a Chapter 13 bankruptcy case and is not yet paid off?

No


After seven years can your chapter thirteen bankruptcy be seen on your credit report by creditors?

Yes. For at least 10 years.


Can a HELOC that is charged-off by the lender be included in a chapter 7 bankruptcy?

It has to be included in a bankruptcy filing. A charge-off is a tax break for the lender. It has nothing to do with whether the debt is still owing.


What is chaptur 7?

Chapter 7 is a "fresh start" bankruptcy. You are discharged from all debt included in the bankruptcy. There are some debt that you cannot discharge.