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Can a collection agency go after a student when the original 1998 unsecured non-governmental student loan was discharged through a parent's Chapter 7 bankruptcy?
Wiki User
∙ 17y ago
Yes, if the student signed the loan papers too. Just because the parents took the loan down thru the Bankruptcy doesn't mean the student loan doesn't have to be paid if there were other signers responsible. Everyone signed on the papers would have had to gone Bankruptcy in order not to pay it. * They can pursue collection if you were a legal adult and signed the agreement. However, it is more than likely that the SOL for the loan has expired and therefore the collector would not be able to pursue litigation. They can continue to employ regular collection methods unless they receive a "cease and desist" letter from the alledged debtor.
Wiki User
∙ 17y ago
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Will a car title loan be discharged by filing bankruptcy?
No, only unsecured debt is discharged.
Can an unsecured promissory note be discharged in California under Chapter 7 Bankruptcy?
Yes.
If a chap 13 bankruptcy is discharged and a bill is left unpaid can third party collections attempt to collect on it?
A bankruptcy can be closed or dismissed. It cannot be "discharged." The debtor is discharged from having to pay any dischargeable bills. If the 13 was successfully completed, and the debt was listed as an unsecured debt if the unsecured creditors were paid something under the plan, it might not have been discharged. Many third party debt collection law firms and agencies are trying to collect discharged debts in violation of the permanent stay. It is illegal.
Is an unsecured non priority still a debt owed?
It is owed until it is discharged in bankruptcy or paid, either in full or as a settlement. Technically, the debt is owed after discharge in bankruptcy, but the creditor or its agents and successors in interest are permanently enjoined from any collection activities.
Would i still be liable if I don't pay on an unsecured debt after chapter 7 bankruptcy?
You should not have paid any unsecured debt after the chapter 7 was filed. All unsecured debts were discharged. If you made the mistake of continuing regular payments on an unsecured debt after filing, you may have reinstated the debt. If in doubt, consult a local bankruptcy lawyer.
If i didn't list a creditor on your bankruptcy can they still collect there debt?
If it was an unsecured debt, and you did not intend to omit it for some reason that would constitute fraud, it was discharged. If a debt collector is trying to collect it, see a bankruptcy lawyer or a lawyer who handles debt collection defense. You can file for contempt in the bankruptcy court. You may also have rights under state consumer protection laws.
Will bankruptcy stop a wage garnishment for credit card debt?
Yes. When the bankruptcy is filed an automatic stay goes into effect which halts all creditor action until the bankruptcy is completed and discharged. Creditors may request a lift of stay from the bankruptcy court, if it is granted the creditor may continue collection procedures including those such as a wage garnishment that is in affect. A lift of stay is rarely granted when the issue is unsecured debt.
If all unsecured non-priority claims are discharged can a creditor that was included in the discharge have a judgment lien on a property?
Following your supposition, if he had a lien then he wasn't an unsecured creditor, and if only unsecured were discharged, he wasn't.
Can you include a private school balance in bankruptcy?
Yes, a private school balance can be included in bankruptcy. Depending on the type of bankruptcy filed (Chapter 7 or Chapter 13), the debt may be discharged or restructured as part of the bankruptcy process. It's important to consult with a bankruptcy attorney for guidance specific to your situation.
Are employees unsecured priority claims in Bankruptcy Court?
Unpaid employees are priority unsecured bankruptcy claims up to approximately 10,000.
Is recourse discharged in bankruptcy?
It depends upon the what type of recourse you want to discharge in a bankruptcy like secured loan or unsecured loan or something other.If you wants to know more about bankruptcy and its process then here i want to give you one site just check it out you will get all the information there.http://www.filingbankruptcypros.com/
In chapter 7 bankruptcy after surrendering your car are you still responsible for the remaining balance after the bank sells the car?
No. The balance is an unsecured debt and is discharged. Sometimes people do not do the paperwork correctly, which can cause problems.
