Such decisions as a rule are left to the bankruptcy court. Generally such action is not allowed as it would be viewed as favoritism to one creditor.
No. The automatic stay takes effect and no creditor may proceed without the court's permission, called "relief from stay." If the claim is one that cannot be discharged, once the case is closed, the creditor may continue its collection efforts.
In most Chapter 7 cases you are not including secured property unless you are surrendering the property back to the creditor. If you are holding on to secured property during a chapter 7 process the property must be reaffirmed with the creditor at time of filing meaning you have an agreement with the creditor to leave the property out of the bankruptcy and continue to make your payments. When you discharge debt through chapter 7 it doesn't make sense that you could keep a secured piece of property and not pay for it. Maybe you were unclear about what you were really doing.
Any creditor not included in a bankruptcy discharge retains the right to continue attempting to collect a debt. That would include using legal remedy in the form of a lawsuit against the debtor.
Yes. Any creditor can petition the court to be excluded from a bankruptcy. It is up to the judge (sometimes the BK Trustee) to rule on whether or not the request will be granted.
If the creditor is a participant in the chapter 13 then they should have received notification from the bankruptcy court. The bankruptcy petitioner should notify the trustee that the creditor is in error. If the creditor is not a participant, they can continue to contact the debtor until they are notified in writing to "cease and desist".AnswerSend the creditor a written letter stated they are to cease contacting you by phone immediately and Amy only contact you through written correspondence. This is allowed by the Fair Debt Collections Act, a federal law. That should at least get you started.
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.
Sure...any creditor can. Not at all sure why they would!
File a proof of claim
WAC 246 -- Washington Administrative Code, Chapter 260 -- Water Recreation Facilities, does not appear to exclude condominiums, while duplexes are specifically excluded.
You should have no problems filing an amendment to add the creditor.
With whose money?
Yes, as long as the creditor is listed on the bankruptcy.
Assuming you mean can the debtor in a Chapter 13 buy a vehicle, the answer is yes - with the court's permission. You must have a completed purchase and sale agreement with all terms completed and the purchase must not adversely affect your Chapter 13 plan. You file a motion with the attached documents, copies to the trustee and any creditor affected by the transaction or who has filed a request to be copied on all documents filed with the court.
No. If a creditor fails to file a proof of claim on a Ch 13, then they do not get paid and the debt gets discharged.
More than likely the lender has not requested as yet had the BK stay lifted. If a secured creditor does not receive permission to be excluded from the BK they must wait until the discharge is final before proceeding with repossession action. No, the borrower does not get to "keep" the vehicle unless they are able to reaffirm the loan with the lender.
If that particular creditor was included in your chapter 13 plan and you completed your plan and received a discharge, that creditor may not thereafter collect. However, certain debts will not be discharged and those creditors may still collect (IRS, tax debts, fraud judgemnts, spousal/child support, etc.).
By filing a proof of Claim, or by addressing questions/arguments to the court
No, its a creditor and must be listed in your BK petition.
When you file for bankruptcy, you are protected by the "automatic stay" which prohibits creditors from taking action to collect the debt or from taking your property. In some cases, the creditor will ask the court for permission to continue efforts to collect the debt by requesting relief from the stay. This is usually done by a creditor who wants to continue foreclosure proceedings on a house or seek repossession of a vehicle. Landlords will also file for relief from stay to evict a nonpaying tenant.
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Yes, involuntary bankruptcy is available under both chapter 7 and chapter 11. However, it is not available against certain types of debtors.