0
Yes.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Creditor was granted relief of stay relief was for repossession and sale of car is the creditor entitle to seek money when their relief was for possession and sale of car only?
The motion for relief from stay only affects the creditor's right to proceed against the property that secures the debt. The creditor's right to be paid any deficiency after sale depends on the kind of bankruptcy. In a 7, no. In a 13, it depends on what the other unsecured creditors are getting.
If a Motion for Relief from Stay is filed can the debtor file a motion for dismissal and sell the property to an interested party?
A Chapter 7 debtor can move to dismiss the cause for cause, but he or she must demonstrate that the dismissal will not be prejudicial to the creditors in the case. A chapter 13 is easier to dismiss, so could trying converting to a 13 and this dismissing the Chapter 13. Now SHOULD you do this? That depends on a number factors, including how much money you can get by selling the property privately without violating the creditor's rights.
What is the difference between creditor and debtor?
A creditor is someone YOU OWE money to. A debtor is someone who OWES YOU money.
Can a creditor charge you more money than what is stated on the judgment filed against you?
Not directly. In some instances a judgment can be amended. The usual procedure is for the creditor/collector to file for a new writ of judgment for execution. Which, dependent on the circumstances may or may not be allowed.
Can a creditor request an automatic stay be lifted after nine months into a 100 percent Chapter 13 plan with payments made on time?
A creditor can ask for anything. The question really is whether or not it is likely that the request will be granted. I assume since you have made all of your payments per the plan, you have proof of such in the form of cancelled checks, bank statements, money order receipts, etc. If the payments are going to the trustee and then to the creditor, then you should find out whether or not the trustee has released the money to the creditor. Now, what you will need to do is hire a lawyer to file an objection to the motion for relief of stay and take your proof with you. It is unlikely that the stay will be lifted, however, you should not assume that it won't and do nothing.
What is a Debtor and Creditor?
A debtor is someone who owes you money. A creditor is the person that lent the money.
If you just filed chapter 7 two weeks ago and you had a garnishment coming out of your pay and you were told that you will get this money back how long does it take to get the money back?
Wage garnishments are usually handled by a process server or a government officialy such as the county sheriff's office. The judgment creditor has on obligation stop the garnishment right away. There isn't a specific time deadline to return the money that was garnished after the bankruptcy was filed, but it should be returned ASAP. If you don't have it back within a couple of weeks, file a motion with the bankruptcy court.
Do you capitalize relief money?
Yes you do capitalize Relief Money
Can you get your garnished wages refunded?
Depending on when your bankruptcy is filed, on the day it was filed, the wage garnishment must stop. If it didn't stop on that day, you are entitled to have your garnished wages refunded. However, no wages will be refunded prior to your bankruptcy filing date.
The circuit court sent garnishment payments they received to the creditor after the date they filed the hold on the garnishment due to bankruptcy should I get that money back?
It's not your money any more. The bankruptcy trustee may be able to get the money if the amount was high enough, since it is a preference, but not you.
What is debter and crediter?
A debtor owes someone else money. A creditor is owed money from someone else. So, a debtor owes a creditor. Or, a creditor is owed by a debtor.
What does it mean when a second mortgage goes to a collection agency?
It means the creditor wants its money and will pursue you in order that you pay that loan.It means the creditor wants its money and will pursue you in order that you pay that loan.It means the creditor wants its money and will pursue you in order that you pay that loan.It means the creditor wants its money and will pursue you in order that you pay that loan.
