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Can an old creditor ask for money if you did not include them in a Bankruptcy?
Wiki User
∙ 15y ago
Yes. If they were not included then the bankruptcy doesn't apply to any debt owed to them.
Wiki User
∙ 15y ago
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Can a creditor ask you questions on a bankruptcy that was discharged 13 years ago?
He can ask, but you don't have to answer.
What to do if Creditor harassment in bankruptcy?
1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs. 2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases. 1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs. 2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases.
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 long does a creditor have for repossession of vehicle after bankruptcy discharge in OH?
Thats a good question to ask your B/K attorney for state specific advice.
If you file bankruptcy and include the car can the creditor still garnish your wages or collect the outstanding balance owed?
This is a good question to ask your B/K attorney for state specific and case specific advice.Not at all,once fou file for bankruptcy all of your debts will go away and any garnishments (except back taxes)will stop, back taxes you owe are not accepted on a bankruptcy case,the rest is ok.
Is it okay to tell a credit card company or a collection agency that you are filing bankruptcy?
Yes, in fact they might ask the debtor if that is what they are considering. It is the opinion of some that a creditor might rush to file suit but this is a ridiculous argument, as lawsuits can be stopped and then discharged in bankruptcy. Also it takes an average of 15-20 months for the typical creditor-debtor suit to reach court, as opposed to the average bankruptcy filing of a few months.
What happens if a creditor is disputing a debt to be included in a chapter 13 is filed?
contact them and ask them why...if it's a credit card...or basically anything but student loans they have to accept the terms of the bankruptcy. get in touch with the lawyer who did your filings for your bankruptcy proceedings and they should get it taken care of.
What do you do if the garnishment is causing financial hardship on you?
1. Pay the debt. 2. File bankruptcy. 3. Ask the court to modify the garnishment order. 4. Negotiate a different amount with the creditor and have it approved by the court.
What can be done if you filed for chapter 7 and didn't list a specific creditor?
If the BK has not been discharged, you can ask to have it reopened and you filing amended to include the creditor. That will be expensive, though. If that isnot possible, then you owe the creditor the full amount of the debt, and should try to work out an agreement for repayment.
When will the bank come and take your car after your bankruptcy is final?
Usually, you get to keep at least one car in a bankruptcy, and in fact it's rare the bankruptcy will ask you to sell any car, unless it's clearly a luxury vehicle not required for work. So your Mustang is safe but your Rolls Royce might be in danger. If you owe money on the car, you can reaffirm the debt, and thus keep the car and the original payment plan. Alternately, it's up to the creditor -- they can repossess immediately if you don't reaffirm.
How do you find creditors' addresses for filing bankruptcy?
Check your Credit Report. It has the names, addresses, and phone numbers of each of the creditors used over the past 7 years. Call or go on-line to contact all three Credit Reporting Agencies. The Bankruptcy Code as amended in 2005 requires you to use the creditor's address that is on the last three written notices that creditor has sent you. If you have not received anything in writing from them in a while, then go online and search for the corporate address and telephone number. Call them and ask them what their company's bankruptcy address is. Write down the steps you took to obtain the proper address in case you need the information later. Use all addresses you have for that creditor in your bankruptcy schedules and mailing matrix - overkill is better. Failure to properly notify the creditor may result in that debt not being discharged so treat this as one of the most important aspects of filing.
What happens when a creditor does not file a proof of claim for a secured debt in a bankruptcy case?
A secured creditor does not need to file a such a claim, the lien against the property is sufficient proof. Generally the lien holder/lender will ask for the automatic stay to be lifted so foreclosure or repossession action can continue or be implemented against the property. In a chapter 7 bankruptcy the borrower must be able to reaffirm the secured debt to avoid recovery or litigation action from the lender.
