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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.

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โˆ™ 2006-10-10 15:25:51
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Q: Can a creditor be excluded from a debtor who filed chapter 11 and wishes to continue to purchase goods and can the goods sold prior to the chapter 11 filing be excluded?
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Can a creditor still collect after chapter 7 is filed?

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.

What is the consequence to the debtor if you are an unnamed creditor in a Chapter 7 and should be?

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.

Can a secured debt be taken from you after it was discarged in a chapter 7?

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.

Can a doctor's office refuse to let their bills be included in a Chapter 7 bankruptcy?

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.

What should you do if a creditor continues to call your job after you have filed for a chapter 13?

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.

Can a creditor remove an amount owed them from under your chapter 13 bankruptcy and demand payment?

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.

If you are not listed as creditor on chapter 11 bankruptcy?

File a proof of claim

Can the IRS request to have your chapter 13 switch to a chapter 7?

Sure...any creditor can. Not at all sure why they would!

When a car get reposed in California can you file chapter 7 to get creditor of your back?


Can a creditor or government agency automatically demand payment after a chapter 13 dismissal?


Does WAC 246 chapter 260 govern condominiums or are they excluded like a duplex?

WAC 246 -- Washington Administrative Code, Chapter 260 -- Water Recreation Facilities, does not appear to exclude condominiums, while duplexes are specifically excluded.

If you file for chapter 7 bankruptcy and have the first meeting with the treasurer can you still add a creditor to the bankruptcy?

You should have no problems filing an amendment to add the creditor.

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