If you did not include your landlord in your schedule of unsecured debts, and you owe him, then he can go to small claims court. His being informed of the bankrupcy but not included--does not release you of the debt. Call your attorney and see if he can add the landlord--depending on the amount--it may not be worth it if it is still possible. * Once a bankruptcy has been discharged it cannot be reopened to include debts. It can sometimes be reopened to include non exempt assets of the debtor.
No, debts, liens, judgments incurred after a bankruptcy has been filed cannot be included and therefore cannot be discharged in the BK proceedings.AnswerI was informed that if you had included this creditor in your bankruptcy, which was discharged, the creditor should have stoped all actions towards obtaining a judgment against you. I believe this judgment can be discharged by filing a discharge request with the court administrator and only then removed from the credit report. However, if you did not list this creditor on your bankruptcy, then it will prevail. Call the court administrator.
If there is a judgment AGAINST you for fraud, then NO, such a judgment WILL NOT be discharged.
Yes, if it is not a perfected lien against real property and the debt was discharged in the bankruptcy.
Only the employing agency can answer this question for you, but probably not, especially if you discharged the bankruptcy according to the bankruptcy referee's instructions.
Perhaps, many judgments can be discharged in bankruptcy. The ones which are allowable are determined by state and/or federal laws, depending on the type of bankruptcy chosen.
If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.
If I cosign an apartment lease for a friend can I file bankruptcy against the landlord to get out of the lease.
Yes, but the judgment may not be discharged in BK without compensation.
If the judgment was based upon a debt that would be discharged under a Chapter 7 bankruptcy, yes.
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.
The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
Hope you had a lawyer defending you against the judgment suit. You can use one now. Many, if not most judgments will not be discharged in BK.
In most cases, no. If the debt was discharged in your bankruptcy, the creditor cannot attach a lien on property after your case is file. If the debt is non-dischargeable (i.e. tax debt, fraud, etc.) then the creditor can attach a lien until the judgment amount is satisfied.
The creditor would have problems enforcing a lien if the debt was included in the bankruptcy. If they were paid off, investigate further. If they were not included, then the lien may be valid.
There is nothing procedurally that prohibits the filing of a suit against someone who has delared bankruptcy. The bankruptcy trustee will put that landlord on a waiting list with other creditors. Of course, the practical upshot is that the bankruptcy court may find that the debtor is unable to pay any debt - then, the LL is wasting time.
That really has no bearing on the bankruptcy proceeding or the judgment. By this I mean that having a judgment against you will not necessarily disqualify you from being able to file for bankruptcy. However, under no scheme of bankruptcy proceeding will a judgment be discharged so if that is the reason for filing for bankruptcy then it will not do any good. Court judgments are under the category of nondischargeable debt.
When a tenant files for bankruptcy, this will apply to any money tenant owes. In the case of rents, which is not a form of credit, you still must pay to landlord your rent or face the probability of eviction. If you owe your landlord back rent and declare bankruptcy, then you can include this back rent as part of your debt. Back rent is considered a form of credit, because you owe this money to your landlord and he has continued to grant you the right to stay there. It should be noted that whenever a landlord commences eviction proceedings against a tenant, it is never on the grounds of owing back rent. Your landlord's claims against you in small claims court covers that issue.
The answer depends on who the creditor is and the status of the debt. If the debt was a student loan or other non-dischargable debt, then your tax refund can be taken. If the debt WAS discharged, ANY collection action of any kind on a discharged debt is a violation of the permanent injunction of the discharge and therefore illegal. If the creditor was not included on the creditor matrix, then informing them of the bankruptcy and discharge of the debt may be all that is necessary to have the refund returned to you. In other cases it may be necessary to file a Motion for Contempt against the creditor in bankruptcy court. This would require the re-opening of the bankruptcy.
Yes, they must. All debts and ALL assets must be included. No exceptions. Your 401 is classified as an exempt asset by the court. However the loan isn't, and when it is discharged by the court, you will lose your 401k against it, and probably have substantial tax consequences. You need an attorney.
To get technical, a bankruptcy does not "dismiss" a judgment. However, the end result is the same- a bankruptcy will "discharge" the debtors responsibility to pay the judgment which makes unenforceable - uncollectible. It is against Federal law to try and collect funds that have been discharged in bankruptcy. Prior to the discharge in a bankruptcy, and IMMEDIATELY after the filing of your bankruptcy petition, an "automatic stay" by the court is put in place to freeze all collections actions against you. There are several exceptions which include certain taxes, student loans and fraud.
Yes. Suprisingly it is a fairly low (I believe 7th position) claim against the assets. Generally speaking, income tax debt can be discharged if the tax was assessed more than three years prior to the filing of the bankruptcy petition. Note that it is from the time the tax was actually assessed against you (generally the date you filed the return). So if you filed your 1999 tax return 5 years late, you'd still have a bit of a wait before that would be dischargeable under bankruptcy.
I assume that the debt or cause of action against the debtor already existed at the time the debtor filed for bankruptcy relief. The filing of an order for bankruptcy stops most other pending lawsuits against the debtor dead in their tracks until the bankruptcy case has been finally resolved.Can you sue them for filing bankruptcy, or for receiving bankruptcy protection, causing you to receive less, or nothing? No. They are legally entitled to file for bankruptcy protection if they qualify. Debts discharged by bankruptcy courts are wiped out forever by law.However, if a debt was voluntarily reaffirmed by the debtor after being discharged in bankruptcy, and proper payment was not continued according to the new agreement between the debtor and creditor, the creditor can sue on the new terms of the debt as reaffirmed.But any dischargeable debt that was listed on the debtor's petition for bankruptcy cannot be touched unless the interested party meets them in court the day of the hearing, and files an objection with some kind of grounds showing that discharge of the debt would be unfair (for example, the debtor had defrauded the creditor). Even then, the judge's decision is final.And certain types of debts are never discharged, even if the debtor has gotten bankruptcy relief for his other debts. Student loans and taxes are two examples of debts that will not be discharged in bankruptcy. The debtor remains fully liable for such debts.
No. If you owe money to another base on a personal injury judgment against you then it is really not fair to that person for you to have the debt discharged in your bankruptcy proceeding. Civil settlements/judgments are in the category of nondishcargeable debts and will remain with you until you pay them!
No, that's the point of filing bankruptcy. Suing him would be in violation ofthe permanent stay against creditors including you. He can have the bankruptcy court stop the suit and allow him attorney's fees and even damages.If you had grounds for objecting to dscharge, you should have filed an objection with the court.
Any debt discharged through BK is cleared and no longer exists. The debt may no longer exist but the lien against the property still exists. While you do not have to pay the loan, the note holder can still take possession of the property.