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Answered 2008-10-01 05:33:00

Yes. If they were not included then the bankruptcy doesn't apply to any debt owed to them.

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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.


When will the bank typically ask for or take your car back after filing bankruptcy and is usually before or after the discharge?

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.


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.


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.


Chapter 13 bankruptcy be dissimisal?

You can get a Chapter 13 bankruptcy dismissal by asking your lawyer to ask the trustee for a dismissal. If you are having trouble making the payments, you can ask for you bankruptcy to be modified.


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.


How can you end your bankruptcy?

Ask your attorney or his paralegal.


If you settled out of court on a small claims and then the defendant filed bankruptcy can you still get your money?

No. There are a few exceptions to discharge, so you would have to ask a bankruptcy attorney regarding your specific facts, but probably not in a small claims case that was settled.


What to do if a creditor still says that you owe them after a cancellation of debt?

Ask the creditor to send you written verification of the debt including all of their documents after incurring the debt. If the cancellation of the debt is not indicated in their documents, then dispute the debt by providing your written notification of cancellation of the debt to the creditor and if unsuccessful, then dispute the debt with the credit bureaus who will initiate an investigation with the creditor and the credit bureau will usually repond to you in 30 days. If no response from the creditor then it will usually be deleted from your credit report. If the collection harassment continues then ignore it realizing that probably no legal action will be taken against you or you can contact an attorney to contact the creditor. Either pay the debt or file bankruptcy.


Can you ask your creditor to report new balances to the credit bureau?

No.


What if a car as not been pick up after surrendering it in bankruptcy 4 months ago what should I do?

You have not surrendered it just because you said in your bankruptcy Statement of Intention that you were going to surrender it. Surrender means turning the vehicle over to the creditor or its agent. Call the creditor or its lawyer and ask what they want you to do. Usually they will have you drive the car to a place that will accept the vehicle and the keys. Make sure to remove the license plates - at the place you bring the car to, not before - and all personal property from the vehicle.


If you receive a large sum of money before your chapter 7 bankruptcy discharge does it need to be reported?

Yes, even for 6 months after discharge. Depending on the source of the money, the trustee may have no way to take it, but not reporting it will leave you open to challenge later on. Ask your lawyer or get an experienced bankruptcy lawyer.


If you have a medical bill that you forgot to include in your bankruptcy are you still liable to pay for it even if it was done before you file bankruptcy and later found out the insurance didn't pay it?

Yes, it is still considered your debt, even though you have had a bankruptcy discharge. You could try reopening the BK filing and adding the debt on. That however is complicated and expensive. Your best option IMO, is negotiate with the creditor. The Bankruptcy Code says a debt is not wiped out if it was not listed (see 11 U.S.C. 523(a)(3)), but there is some case law (not applicable in all jurisdictions) that says it IS wiped out in a Chapter 7 case IF it was inadvertently missed, IF the Chapter 7 was declared a "no asset" case, and IF the debt was of the sort that it would have been discharged had it been properly listed. In this situation, one could call their bankruptcy attorney and ask how much it would cost to reopen the case and add the creditor to the bankruptcy. The Court charges a reopen fee of $155.00 and an amendment fee of $26.00, plus the attorney would charge his or her fees to do the work. Then, one could ask the medical creditor how much they would settle the claim for. Whichever is cheaper is probably the best thing to do. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.


Can you include the remaining balance of a repossession on a Chapter 7 bankruptcy?

Most folks do so. Ask your B/K attorney for state/case specific advice. Yes


Can you keep Life insurance in bankruptcy?

Yes. Ask your lawyer about that!


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 is the different between a chapter 7 and chapter 13 bankruptcy?

In Chapter 7 bankruptcy, you ask the bankruptcy court to discharge most of the debts you owe. In exchange for this discharge, the bankruptcy trustee can take any property you own that is not exempt from collection.


Can a credit card company you just got a card from argue with the Ch 7 if you recently transferred a balance over to them due to lower interest rates?

Any creditor can ask to be excluded from the bankruptcy discharge. It is up to the judge to decide if it would be allowed. That issue will be addressed in the 341 hearing.


How do you get the title for a car secured in a bankruptcy where all debts were discharged but the finance company did not want the car and never sent you the title?

AnswerUntil the loan for the vehicle is paid according to the loan/lender's agreement the title will not be given to the borrower. The loan on the vehicle is still valid and the borrower is still responsible for payment.AnswerIf the creditor opted not to pick up the vehicle, you can file a Small Claims listing yourself as the Plaintiff and the creditor as the Defendant, and put that you are seeking "0.00" in damages and that you are requesting a Declaratory Judgment that the creditor has abandoned its interest in the vehicle, and you request the Court order the BMV to issue you a new, clean (i.e. lien-free) Certificate of Title on the vehicle. I have had several clients do this and I have never seen a creditor show up and defend the lawsuit as long as you don't ask for money but just ask the Court to order the BMV to give you a new title. Then, you get a clean title to the car for whatever the small claims filing fee is.