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Can monies obtained by fraud be discharged in a bankruptcy court?

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Wiki User
2005-11-19 03:10:27
2005-11-19 03:10:27

Absolutely, positively NOT! It would be very unwise to even attempt such an action for obvious reasons.

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No. Court judgments can NOT be discharged in bankruptcy.

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You will receive a letter that your bankruptcy is discharged. You can also call the bankruptcy court or the trustee and find out if it is final.

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To avoid paying the judgment??? No. Court-ordered judgments are not discharged in bankruptcy.

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Most taxes are not discharged in bankruptcy.If the amount of your tax liabilities is not clear, the bankruptcy court cam decide how much you owe; you need not go to tax court for that.

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Bankruptcy doesn't "cover" anything. If you mean, can a criminal-court-ordered restitution be discharged so you don't have to pay it, probably not. Lawyers are trained to argue issues for their clients, so you might find a lawyer who can convince the bankruptcy court it should be discharged.

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i believe that Bankruptcy planning should be done before the final divorce decree is obtained. This way your required payment of joint debts may be discharged without violating a court order.

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If a loan from a credit union has been discharged in bankruptcy court, that credit union cannot collect and must write the loan off.

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A person or persons would need to file for bankruptcy before having any contact with the court and/or bankruptcy trustee. A bankruptcy discharge is what is granted if the filing is deemed valid.

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There is no reason to repay a loan after a discharged bankruptcy, if you have done so, you can reclaim all your money from the creditor (you'll have to go through court).

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Discharged Bankruptcy normally means that it was a successful bankruptcy and the debt slate is now clean. But if your bankruptcy has been dismissed by the court you can file to have it reinstated. An experienced bankruptcy attorney can help you file to reinstate your dismissed bankruptcy case. You must include the reason the case was dismissed, why it failed and how it will be better if the case is reinstated.

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"Discharge" applies to a debt being wiped out by the bankruptcy court. If all the requirements are met and approved by a bankruptcy judge, then yes, a debtor's obligation can be discharged. If the debtor does not file or qualify to be granted a bankruptcy, then No, his debt will not be discharged, or forgiven. It needs to be paid.

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No you cannot. Court judgements, like tax obligations to the government, cannot be discharged in bankruptcy court.

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As a creditor you cannot stop bankruptcy proceedings on anything. You can, however, file an objection in BK Court to why the debt to you shouldn't be discharged.

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No, discharged debt is considered a forgiveness of debt and not a bankruptcy. Bankruptcy can only happen as a result of bankruptcy court procedure. Certain loans can be discharged due to hardship or disability, especially if there is an insurance policy in force to cover such a situation. When a loan is forgiven due to hardship or disability, the debtor's credit rating is usually not affected.

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Yes, bankruptcy will halt any lawsuit action. If the lawsuit will be included and discharged in the bankruptcy is dependent upon the ruling of the court.

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No, debts, liens, judgments incurred after a bankruptcy has been filed cannot be included and therefore cannot be discharged in the BK proceedings.AnswerI was informed that if you had included this creditor in your bankruptcy, which was discharged, the creditor should have stoped all actions towards obtaining a judgment against you. I believe this judgment can be discharged by filing a discharge request with the court administrator and only then removed from the credit report. However, if you did not list this creditor on your bankruptcy, then it will prevail. Call the court administrator.

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If you included it in your bankruptcy, you're protected by the discharge. If you didn't and you're already discharged from Chapter 7, you may not be protected. I suggest you discuss this with your bankruptcy lawyer.

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Yes it is. The presumption of bankruptcy is that all of the bills that were owed will be discharged at the time. If for a reason the bill that wasnt listed came up it can still be discharged by the court. Your attorney can file an addendum for this with the court after wards.

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Yes, you can amend your bankruptcy, usually for a fee that is passed on to you from the court. You should contact your attorney to add your medical bills before you bankruptcy is discharged and to reconfigure your bankruptcy plan.

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Not after the bankruptcy has been discharged. If the person is participating in a chapter 13 bankruptcy they must have the permission of the trustee/court to engage in any major financial transactions.

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Chapter 13 bankruptcy involves filing a plan with the bankruptcy court suggesting how you will repay your debt. Some debts must be repaid in full while others require only a percentage or nothing at all. Debtors are subject to a very strict budget and repayment plan and when you are done paying all the debts the court determined you owed, then you are discharged. This information should be in your court papers.

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After you go to court and meet with the bankruptcy trustees, it should only take about 60-90 days to discharge all debts. You have to take the pre-discharge debt managemnt class first before any debt is discharged because the bankruptcy laws have changed.


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