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A 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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2012-09-17 18:40:30
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Q: Can a judge accept a complaint Adversary Action after a bankruptcy has been discharged?
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Related questions

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 you still file bankruptcy if a credit card company sues you?

Yes, bankruptcy will halt any lawsuit action. If the lawsuit will be included and discharged in the bankruptcy is dependent upon the ruling of the court.

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.

Can they repo your vehicle in an open chapter 13 bankruptcy?

No, this is not legal. When you filed the bankruptcy, you and your property are automatically protected under the "stay." The stay prevents any collections or repossession action for the duration of the bankruptcy, and will not be lifted until the BK is discharged or dismissed.

How do you get a dismissed bankrupcy discharged?

A dismissed bankruptcy cannot be discharged. Once a BK is dismissed it is no longer valid and creditors may resume collection action and/or repossession of property. The petitioner of the dismissed BK must wait the required amount of time before filing a new bankruptcy petition.

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.

Is there a difference between an adversary action and an adversary proceeding?

I believe only in the words, not in real usage.

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