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Can a lawsuit be filed against a creditor that has placed a lien on home bought after bankruptcy?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
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Can a collector who bought your account from the creditor be awarded a lawsuit judgment if the debt was included in your bankruptcy?
There is something amiss here, a debt that is discharged in bankruptcy is no longer collectible. Therefore a lawsuit could not be filed and won nor a judgment awarded to the plaintiff pertaining to such a debt. The involved party should contact the attorney that handled the bankruptcy and have the judgment voided if it is indeed invalid. It would be advisable to acertain if the debt was discharged rather than excluded from the bankruptcy or perhaps sold previous to the filing of the petition.
Can a creditor sell your account after filing bankruptcy?
Sure...it doesn't change the rights of the creditor...or your obligations as a dedtor...the buyer probably paid very little and is hoping your BK will pay the debt off at a higher amount. Basically, a creditor may sell his rights at any time....it is does not change your obligation under the loan at all. To clarify, it does not mean the new creditor can disregard the bankruptcy and any bar on collection activities that may be in force just because they just bought the debt. They only get the rights to what you would have paid the original creditor in the bankruptcy - they "step into the shoes" of the one they bought from.
Can a creditor ask for purchased product as collateral in chapter 7 bankruptcy?
Yes. I foreclosed on a home and bought another one cash before being discharged from bankruptcy. I was told by the attorney that creditors can ask the courts and the court will confiscate your purchased product and sell for whatever amount and that amount will be given to the creditor(s).
How can you get a title on a car that has had a bankruptcy against it It has been bought by another person who coulnt solve this problem The bank will not talk to us due to the bankruptcy?
What state is it titled in?
Can a secondary collection agency collect on a charge-off when the debt is over 3 years old and the original creditor has declared bankruptcy?
More than likely. Three years is not long enough for an SOL to expire. What probably happened was, the account was bought from the creditor, which is common practice. The BK of the original creditor, has no relevancy if the debt was sold.
What happens when a charged off account is bought out by an attorney and taken to court?
The debtor is served a civil summons to appear the lawsuit hearing. If the debtor does not appear he or she loses the case by default and a judgment is entered in favor of the plaintiff 9creditor). If the debtor does appear and loses the case which is the normal scenario, a judgment is still entered in favor of the creditor. The creditor can then use the judgment to garnish wages or take action against other real and/or personal propety belonging to the debtor.
How do you file a lawsuit against Kraft Food's if found mold was found and pudding does not expire until January 4th 2010 and it is only December 2 2009 and was just bought last week?
You don't file a lawsuit. You get your money back or you get the product exchanged for one without defect, and that's about it.
What if assets are primarily personal property?
All states have a set of exemptions that can be used by the debtor to protect specific types and amounts of real and personal property in a bankruptcy or lawsuit action. Creditors rarely use a lawsuit judgment to seize personal property such as household goods exempt or not, the process is just not worth the effort. The exception is if the property is collateral for the debt, for example a big screen TV bought on a merchant account such as Sears. In bankruptcy the decision is made by how the trustee chooses to determine the status of such property under the state and/or federal exemptions.
Does a creditor who you owe money to have the right to seize your bank account in California if they bought out that bank?
yes
What is mean by sundry debtor and sundry creditor?
Sundry Debtor is a person who bought goods or received service from us (Customer) Sundry Creditor is a person whom we received the goods are service (Our Vendor)
Can you be sued by a debt collector that bought the debt from original creditor?
If you are in default on an account that a third party/person bought, yes indeed, the new owner can foreclose on you and sue.
If a creditor wants to collect by taking my auto would co-registration on auto save collection?
a creditor cant take your auto, unless it the car lot you bought it from.this is an old trick used by creditor,for years.if your that worried about it put it in someone you trust name,
