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Can a judgment be filed against you while you are in a chapter 13 bankruptcy?

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2005-09-10 17:44:59
2005-09-10 17:44:59

Generally the answer would be no with some very limited exceptions. While you are in a Chapter 13, the automatic stay prohibits nearly every type of debt collection activity. If a creditor takes action against you in violation of the stay, your attorney can file a motion for fines and penalties against the creditor.

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The judgment would have to be presented to the bankruptcy court. Wow! Who mentioned bankruptcy? This is a money judgment against a admin dissolved corp. If bankruptcy had been filed the judgment, if listed, would be discharged and worthless.

If the judgment debtor is already in bankruptcy, there is nothing you can do. If the judgment is for a debt for which discharge is not allowed, it survives the bankruptcy. If no bankruptcy has been filed, you can try to attach or levy on some property of the debtor that has some value, or equity.

Yes, unless the judgment was a result of fraud. If the judgment creditor has filed a judgment lien against any of your property, you will need to take the additional step of filing a petition under Section 522(f) of the Bankruptcy Code to remove the lien. Be sure to tell your attorney about any liens that you might have against you.

Yes. A discharge will depend on whether the claim involved fraud.

Chapter 11 is a type of bankruptcy that can be filed by both businesses and people. Testa Corp filed bankruptcy on October 11, 2013.

Unless the likely judgment was exempted, or the claim was abandoned by the trustee, all or part of it has to go to the Chapter 7 trustee, or all of it to the Chapter 13 trustee. Talk to your bankruptcy lawyer or get one.

Not by one of the creditors. You have an Automatic Stay, which means that they cannot attempt to collect a debt outside the bankruptcy plan.

No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.

Unclear whether the deficiency would be filed by the lender or by the trustee of the bankruptcy estate.

Yes, on May 6th, 2009, Bachrach LLC filed chapter 11 bankruptcy protection.

you can request for a relief from judgment or wait to object to the debtor's discharge if I am not mistaken ...Augusta,ga

Assuming a Chapter 7 was filed, if you did not surrender the property to the bank, the bank would file for relief from stay and be able to pursue foreclosure. If you surrendered the property, the mortgage balance was discharged and the bank was in violation of the automatic stay. A notice of the bankruptcy should have been filed with the court the bank sued you in. You cannot ignore legal procedures taken against you after a discharge. You have to respond appropriately.

Here is the question, was the judgment placed under the bankruptcy? If so, you can dispute the items as part of the bankruptcy. If not, it is a separate entry and has the right to stand on it own.

It depends on the chapter you filed under. If you filed under Chapter 7, you have to wait 8 years before filing again. If you filed under Chapter 13, you only have to wait four years.

You can have your Chapter 7 claim dismissed as long as the dismissal will not harm your creditors. This is filed with the court in much the same way as when you initially filed for chapter 7 bankruptcy

Not if the debt was discharged in the bankruptcy. If the judgment was on the credit report before the bankruptcy was filed and/or was discharged in the bankruptcy, the entry will still remain on the CR for seven years.

my chapter 7 bankruptcy discharged Jan 2002 when can i apply again

A Chapter 7 can be filed again eight (8) years after the discharge. A Chapter 13, can be filed four (4) years after the discharge of a Chapter 7, 11 or 12; and two (2) years after the discharge of a previous Chapter 13.

If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.

It depends on the chapter they filed and the financial state of the company, most likey not, that is why the filed for bankruptcy, they have no funds.

:A bankruptcy under chapter 7 or 11, or a non-discharged or dismissed chapter 13 bankruptcy generally remains on your credit file for 10 years from the date filed. A discharged chapter 13 bankruptcy generally remains on your credit file for 7 years from the date filed.

Yes, however, some jobs may be closed to you as many require a Secret or Top Secret Clearance and having a bankruptcy judgment on your record can keep you from doing so.

If you filed a Chapter 7 bankruptcy in MI and it is discharged, you can amend whatever document you want at any time. It does not matter whether it is during the process of bankruptcy or after the discharge.


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