If the debt was incurred prior to the bankruptcy, then you cannot file a lien and your debt will be dealt with in the Chapter 11 plan of reorganization. If the debt was incurred after the bankruptcy, then any action you do take must be approved by filing the appropriate with the bankruptcy court first.
If the debt occured AFTER they filed BK, yes.
If it was from before they filed, no...you must only use the bankruptcy process to get paid/collect, and you will likely be getting much less than you are owed, with the remainder discharged and made no longer due by the court.
No, because the underlying debt would be discharged in the BK. However, if there is a lien placed on your property BEFORE you file BK, then the lien will continue to survive after the BK.
It means that the actions necessary to file a lawsuit have been started, but the lawsuit has not been filed as of yet.
You can't file any legal action against the non-paying tenant until the chapter 13 has been dismissed or the court grants your relief from stay motion. You can also file a motion to have the entire case dismissed if the failure to pay rent is a breach of the chapter 13 plan. If the tenant is still in the property, you will want to file an eviction lawsuit and not a small claims lawsuit.
You can file a chapter 13 bk, but NOT another chapter 7.
if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009
You can file bankruptcy again 7 years after the last time you filed.
You would be able to file for chapter 7 but not your husband.
Yes.
This would be considered a civil action lawsuit and should be filed with an experienced lawyer. It is best to file quickly because most states have a statute of limitations.
Yes, Chapter 13s are filed to try to help individuals from losing their houses.
No.
file a lawsuit
From when the BK was first filed.