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Can a judge accept a complaint Adversary Action after a bankruptcy has been discharged?
Wiki User
∙ 11y ago
No, a judge cannot accept a complaint for an Adversary Action once a bankruptcy has been discharged. Once a bankruptcy has been discharged, the case is typically considered closed and any further legal actions must be pursued in a separate lawsuit outside of the bankruptcy process.
Wiki User
∙ 11y agoA bankruptcy is not discharged. Debts are discharged. An adversarial action can be filed if the case has not been closed, or if closed, reopened.
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Can you include probation fees in bankruptcy?
No. Obligations to the government cannot be discharged through bankruptcy action.
Can you contact a discharged bankruptcy customer by phone?
You don't. After a BK is discharged the BK petitioner is protected from contact for further collection action for any debt discharged in the BK.
Can a person file for divorce before their bankruptcy is discharged?
Sure. One action doesn't preclude the other.
Can a 523 Bankruptcy complaint that was dismissed without prejudice be amended with new allegations?
A dismissed complaint is no longer before the bankruptcy court, and so it cannot be amended; there is, legally speaking, nothing to amend. However, if the complaint was dismissed without prejudice then a new complaint can be filed, provided that the causes of action alleged in the complaint are not barred by any applicable statute of limitations.
Can monies obtained by fraud be discharged in a bankruptcy court?
Absolutely, positively NOT! It would be very unwise to even attempt such an action for obvious reasons.
A bankruptcy can not be wiped off your credit report until after 10 years but if the accounts on your credit report which were discharged in the bankruptcy can these be taken off?
The debts which were wiped out in bankruptcy still stay on your credit report, but they should be listed as "Discharged in bankruptcy." They will still stay on your credit for 7 years (they don't get extended to 10 years like the Chapter 7 just because they were discharged in bankruptcy). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Can a creditor put a hold on your savings account after you claim bankruptcy?
When you file for bankruptcy, all your assets are revealed to the trustee and basically frozen. No, a creditor probably won't put a hold on your savings account after you file but they can until your bankruptcy is discharged. Usually a letter from your attorney saying you have filed bankruptcy will stop this action.
How long would you have to wait to sue a person who has filed for bankruptcy?
If the debtor included your debt/cause of action in his BK petition, then the answer is that you can NEVER sue because said debt/cause of action was discharged in the BK.
Can you put an eviction in a bankruptcy?
No. Bankruptcy doesn't erase anything from your credit. In fact, it adds a very, very, bad thing to it.
If your first bankruptcy was dismissed and the second one filed but you never made payments for either can they be removed from your credit report?
The second according to my credit report only says filed. My transUnion doesn't show it and I don't have my Experian report. I will have to contact the court I am sure to get the documentation I need. thanks for your input. Your first bankruptcy can be removed, because it was dismissed. A dismissal is a legal disposition of the legal action bankruptcy. The other disposition is discharged. You don't mention what the disposition was of the second bankruptcy. If it was granted, and your debt discharged, but you never paid on it, (was it a chapter 13?) then it is not discharged. You need to find out the correct status of the bankruptcy before this question can be answered.
Is there a difference between an adversary action and an adversary proceeding?
I believe only in the words, not in real usage.
Can a judgment be made on a person protected under chapter 7 bankruptcy?
That's not blanket protection, you are only protected from the included creditors that are dischargeable and discharged. They must cease all action when you file, but after case is over those not discharged or included can get judgements. If it is for a discharged debt it can be vacated. A lien is coming your way, so get rid of it.
