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Can the trustee of a bankruptcy recover money from the one who files and has won from parties the filer has paid back money to before they even filed for bankruptcy?
Louagarn
Generally yes. And get your time frames straight...the BK effects the past...all your debts and assets made in the past....not the ones after you file.
Wiki User
∙ 16y ago
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Can you lease a car in chapter 13 bankruptcy without getting permission from the trustee?
You will need permission from the trustee before doing anything financial while in chapter 13 bankruptcy. You will have already signed paperwork agreeing to full disclosure with your trustee when you filed.
Why should an inheritance be disclosed to a trustee after the tax year has passed but before the bankruptcy is discharged?
Absolutely.
Can you sell property before filing bankruptcy?
Yes but the trustee can seek to include the money received in your estate. If you have sold it to family or friends to avoid losing it in bankruptcy, the trustee can have the sale reversed.
If bankruptcy has been dismissed can you file again?
If bankruptcy has been dismissed it is possible to file again. The trustee will require an explanation of why the first case was dismissed before accepting a new bankruptcy case.
Do you know if you go to bankruptcy court do you get discharged when you go there?
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.
What can be done if bankruptcy was not taken from your paycheck and now you are behind on payments?
The involved party should contact the bankruptcy trustee as soon as possible and explain the error. A trustee will generally give the person(s) thirty days in which to catch up on arrears before filing for dismissal.
How do you fix a judgment against you when the company that sued you has filed bankruptcy?
The judgment becomes an asset of the bankruptcy estate and thus the "property" of the trustee. The trustee may decide to abandon the judgment as not worth collecting, or may pursue its collection. Either call the trustee's office or check the docket and documents in the bankruptcy court. If by "fix" you mean pay, check with the trustee's office before sending any money or bank check to anyone. You may be able to settle the claim for less than the full amount. If you are uncomfortable doing it yourself, get a bankruptcy lawyer.
Who gets paid last in a Chapter 13 Bankruptcy?
In a Chapter 13 Bankruptcy who gets paid last? Creditors, Trustee, their attorney or their lender? ALL ADMINISTRATIVE COSTS - TRUSTEE, ATTORNEY ARE PAID FIRST - BEFORE ANYTHING ELSE. The others sort of depend...a lender is a creditor...if a secured lender...probably before any other.
Do you have to go to court before a judge before the bankruptcy is discharged?
Normally, no. Sometimes you are required to show for some proceedings such as: Relief from Stay hearings sometimes 2004 exams any adversary proceeding Normally you never see the bankruptcy judge, just the Trustee.
Can you apply for a loan while in chapter 13 bankruptcy?
Not without permission from the bankruptcy trustee/court. Yes. But you will have to overcome a lot of obstacles in order to obtain one. Some lenders will approve a home loan if you are in Chapter 13 bankruptcy but only after you have paid consistently for one year and have a credit score of 620 or above. Lenders, as a rule, will not consider a loan until you have approval from the Bankruptcy Court. You will have to ask your bankruptcy trustee for approval to get the loan. This trustee will give you an amount you are allowed to finance. Unfortunately, the amount is usually low. Here is an example: Annual income: $100,000 All payments to Bankruptcy Court have been consistent for 2 years. Credit score: 630 Amount needed to finance home: $119,000 Bankruptcy Trustee Loan Approval Amount: $65,000 Although you may qualify to receive a loan in the amount of $119,000, the bankruptcy trustee will only allow you to finance up to $65,000. If you do not have $54,000 to make up the difference.....you will not be able to purchase the home. That being said, it's worth a try. So before you start looking at houses for sale, have your attorney request the bankruptcy trustee for loan approval and what amount. At least from there you will know where you stand.
Is it safe to do credit card cash advances before file bankruptcy?
Not really. Cash advances can and will be scrutinized by the bankruptcy Trustee for up to ONE YEAR prior to your bankruptcy filing date. If you take a cash advance and then file bankruptcy, that portion of your debt may not be discharged, on top of having to account for why you took it and what you spent the money on.
How do you find a state approved credit counseling class before which you have to take before you file for a bankruptcy?
Go to the US Trustee's Website. This is the link http://www.usdoj.gov/ust/eo/bapcpa/ccde/index.htm.
