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Can a small claims court judgment be discharged in a chapter 7 bankruptcy?
Wiki User
∙ 18y ago
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.
Wiki User
∙ 18y ago
Wiki User
∙ 14y agoYES, I CONFIRMED THIS ANSWER WITH a bankruptcy attorney. JUDE KAGABINES LEXINGTON SC
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Will a judgment be dischared if you go bankrupt?
This really depends on whether the judgment is a dischargeable debt in bankruptcy. There are some debts that you cannot eliminate in bankruptcy and they will continue to exist after the bankruptcy. Generally judgments from credit cards, medical bills or personal loans can be discharged but they can become non dischargeable if the creditor claims fraud or misrepresentation within the bankruptcy.
Can you file income tax on your bankruptcy?
State Income Tax Claims, Federal Tax Claims, and Real Estate Taxes must be included in a bankruptcy filing. Income tax claims that are less than three years old will usually be consolidated with other debts and paid over three to five years in a Chapter 13. Depending upon income and assets, income tax claims for returns that were filed more than three years before the bankruptcy can sometimes be reduced substantially in a Chapter 13 and eliminated completely in a Chapter 7.The discharge of the debt in a bankruptcy, can actually cause taxable income for the year it is discharged if not handled proerly. You will get a 1099-C for most matters concering it.
What if a creditor files a lawsuit for a debt that has already been discharged in a bankruptcy?
If it's a small-claims case, answer that the debt was discharged in bankruptcy and attach a copy of the discharge order. Otherwise, contact an attorney to either provide a similar answer *or* take the creditor to Federal court for violating the discharge.
If all unsecured non-priority claims are discharged can a creditor that was included in the discharge have a judgment lien on a property?
Following your supposition, if he had a lien then he wasn't an unsecured creditor, and if only unsecured were discharged, he wasn't.
What is the maximum amount of loans that can be filed on a chapter seven bankruptcy?
While there does not seem to be any limit to the number of loans or debts you can claim on a Chapter 7 Bankruptcy, there are restrictions as to the nature of your claims. Debts that will not be discharged include debts from alimony or child support, debts from accidents involving intoxication, educational benefit overpayment or loans made or guaranteed by any government department, debts for taxes, and certain debts for injuries caused by the debtor to another entity in a willful or mailicious manner. More information on Chapter 7 Bankruptcy rules and regulations is available at http://www.uscourts.gov.
Can you get finance loan on an inherited home with o balance while in chapter 13 bankruptcy?
Yes, if the money is going to pay the balance of the plan, or pay 100% of all claims in the plan. Consult your bankruptcy attorney.
Are employees unsecured priority claims in Bankruptcy Court?
Unpaid employees are priority unsecured bankruptcy claims up to approximately 10,000.
If the cosigner files bankruptcy and claims the debt of the cosigned loan is the cosigner relieved of the cosigned debt?
Unfortunately, no. For all co-signed debts, both signers are liable for repayment of the debt. When one party has their obligation discharged by bankruptcy, the remaining debtor becomes 100% liable for repayment of the balance.
Can a landlord who was not included in a bankruptcy bring small claim's action against a tenant after the tenant's bankruptcy has been discharged?
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.
How do you get a creditor to withdraw late payment reports that occured after you filed BK if the creditor claims they can continue to report this?
If the account with the late payments was discharged in the bankruptcy, that account needs to have all information removed except for the "discharged in bankruptcy" (or similar) statement. Once the account is discharged, continuing to show late payments is like hitting the consumer twice. Send the original creditor copies of the pertinent pages from your bankruptcy papers, copies of your id, ss card and a letter requesting that they change the way the account is being reported to the bureaus. Concurrently, write the bureaus and request the same changes. If you are not successful, you may have to file suit to have the information shown accurately.
What Are Chapter 13 Bankruptcy Exemptions?
Although most debtors keep all their property after filing a Chapter 13 bankruptcy, debtors must file exemptions when applying for this type of bankruptcy just like they do when they file for Chapter 7 bankruptcy. Filing exemptions in a Chapter 13 bankruptcy is for the benefit of creditors rather than the debtor himself. The exemptions inform the creditor of how much she is entitled to and allows her to compare the settlement of the case with the settlement the creditor would receive if the debtor filed Chapter 7 bankruptcy instead.Best Interest of Creditors TestU.S. bankruptcy law requires Chapter 13 bankruptcy applications to pass the "best interest of creditors test." Creditors involved in a Chapter 13 bankruptcy must receive at least as much from the bankruptcy as they would if the debtor filed Chapter 7 bankruptcy instead. The bankruptcy trustee performs this test by deducting the debtor's exemptions from the full value of the estate to determine how much the estate would be worth if the debtor filed Chapter 7 bankruptcy. Creditors may receive more from Chapter 13 than they would from Chapter 7, but they may not receive less from Chapter 13.Determining Payment AmountChapter 13 exemptions, or more specifically, the best interest of creditors test, are also used to determine how much the debtor must pay over the lifetime of the plan. To make this determination, the bankruptcy trustee compares three numbers. The best interest of creditors test, or the non-exempt value of the estate minus administrative costs, is one of these three numbers. The total amount of priority claims, such as alimony, child support and back taxes owed, is another number the bankruptcy trustee looks at, as is the debtor's disposable income, or income after payroll taxes each pay period. The bankruptcy trustee takes the biggest of these numbers and divides it by the life of the plan to determine how much the debtor must pay each month.ConsiderationsChapter 13 bankruptcy may be attractive to some debtors because debtors are at low risk of losing their property through this arrangement and there are no income limitations on this type of bankruptcy. However, debtors cant file for Chapter 13 bankruptcy if they have such large exemptions that the bankruptcy will fail the best interest of creditors test. In addition, Chapter 13 bankruptcy negatively affects the debtor's credit for seven years and requires debtors to pay the bankruptcy trustee on a monthly basis.
What is required to sell a small claims judgment?
If you have a valid small claims judgment that is wholly or partially unsatisfied, you may assign the judgment to a third party by filing an Assignment of Judgment form with the clerk of the court. Contact the court for a copy of this form.
