Debt and Bankruptcy
Bankruptcy Law

Can you add a creditor to bankruptcy after you have filed your papers in court?


Top Answer
User Avatar
Wiki User
2005-09-17 19:44:56
2005-09-17 19:44:56

You can add creditors anytime before the discharge is entered.

User Avatar

Related Questions

No. And if you knew they were a creditor, you could be subject to fraud charges for having filed papers with the court swearing you were declaring your entire financial status and known creditors.

"How is a claim filed as an unsecured creditor to the US bankruptcy court case 07-23686-RG?"

Creditor receive a notice from your BK from the BK court.

It's basically an agreement between the debtor and creditor on how the debtor is to pay the creditor that arises when debtor has filed bankruptcy.

When you filed your bankruptcy, the court issued an automatic stay which prevents any creditor from moving forward with collection efforts. For whatever reason, this particular creditor wants to proceed with collection and it must request the permission of the bankruptcy court by filing the motion for relief from automatic stay.

Motion for Relief of Stay - a motion filed with the Bankruptcy Court from a creditor that asks the court to allow the creditor to proceed with any collections upon property that was put on hold due to bankruptcy Withdrawl of motion for relief - creditor tells the court "never mind" basically on the motion that was filed for a variety of reasons. An example of a reason to withdraw would be that a motion for relief was filed in error because a debt is actually current, not in default.

If you handled your BK correctly no, as he/she would be a creditor listed and whose debt is dismissed in the bankruptcy by the court too.

If a creditor files a motion for relief from stay in any bankruptcy proceeding, the papers should be served on the debtor's attorney of record.

When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."

You will receive, directly from the bankruptcy court, a notice of filing and information on filing your claim with the court. If you believe a person has filed bankruptcy, and you know the person' s address, you can check with the clerk of the bankruptcy court. The bankruptcy court one files in is determined by the county within which the debtor resides.

I assume you mean after YOU filed bankruptcy (the creditor's filing bankruptcy doesn't affect your garnishment, except maybe to change who's "garnisheeing"--NOT "garnishing"--your wages). If so, contact your attorney so he/she can bring the creditor into court for violating the automatic stay.

You can find it from the court where you filed your bankruptcy.

Bankruptcy is filed in federal district court. You may want to start with their files.

The date of filing will be listed on your court papers. If you've lost these, contact your attorney for replacement copies.

For any joint debts, the creditor will come after the spouse who has not filed bankruptcy.

If you are referring to a credit report the answer is NO. If the query is in reference to a creditor attempting to collect a debt that was included in the bankruptcy, the answer is also NO!2If the creditor is listed in the bankruptcy, No. If they continue to pursue it you can contact your attorney request a copy of the matrix filed in your bankruptcy, and either advise them of the page number the creditor is listed on and that it was discharged. Or, you can file a complaint with the federal court in your area and have it investigated.

Bankruptcy Court is filed in Federal District Court, however, exemptions claimed are state regulated.

No, a creditor is required to file a claim if seeking payment, otherwise that claim is considered waived. So in this case. if there was no claim, then it was waived and the debt discharged. But even if it was filed, it would have been discharged in the business BK.

Bankruptcy can be filed at the Bankruptcy court for the area you are in. For instance in Northern Florida, it's the Florida Northern District Bankruptcy Court.

File a change of address with the clerk of the court where you originally filed the petition

Certainly if both parties agree to it. Check with your lawyer or the court where you filed the papers.

If they were ordered by the court (i.e.: child support - back taxes - etc) you must still honor them, bankruptcy will not do away with court ordered liens. . Liens placed by private persons or businesses will have to take their place in your long line of creditors. As soon as you file, you take the papers from the bankruptcy court showing that you filed to your employer and the garnishment will stop. There are some exceptions to this.

Bankruptcy is filed through the federal Bankruptcy court. Contact your local courthouse or a local attorney to find out where to file in your area. Yes it does.

Copyright ยฉ 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.