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When filing for bankruptcy chapter 7 can one include a creditor one has not paid yet?
Wiki User
∙ 11y ago
You can file under those circumstances. The problem is that the creditor can bring a motion objecting to the discharge of this particular debt based on fraud. Basically the motion would say that you didn't intend to make the payment and that the debt should not be discharged. Whether such a motion is brought probably depends on how much the debt in question is. Once a motion is brought, it is up to the judge to decide whether he thinks you committed fraud. If he agrees with the creditor, then he will grant the motion and the debt in question survives any subsequent discharge you may receive. The creditor has a deadline of when they can file such a motion (this date is listed on your bankruptcy notice). If a motion, is filed after this date (typically about three months after your filing) it is no good and the debt would be discharged. It is possible to negotiate with a creditor who brings such a motion to basically pay back the a percentage of the debt over some period of time. If the bankruptcy trustee thinks you committed bankruptcy fraud then he will bring a motion to dismiss your whole case for bankruptcy fraud.
Wiki User
∙ 15y ago
Wiki User
∙ 11y agoThe question is a bit confusing, as the reason for bankruptcy is the debtor is not able to pay his or her debts in the first place. If what is meant is a new debt where no repayment is yet pending, that may create a serious problem for the BK filer.
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If you file for chapter 7 bankruptcy and have the first meeting with the treasurer can you still add a creditor to the bankruptcy?
You should have no problems filing an amendment to add the creditor.
How does a creditor answer Chapter 7 bankruptcy?
By filing a proof of Claim, or by addressing questions/arguments to the court
Filing a Chapter 7 with 2 payments owing on your car how long do you have in getting it current before the creditor can take it if you plan on curing the default 30 days after filing?
When you file a Chapter 7 bankruptcy, you have the option to keep your home and 1 vehicle. If you are able to make the last 2 payments on the car, you can keep it and not include it in the bankruptcy.
Will filing chapter 7 bankruptcy get rid of a credit card judgment?
Yes. It is the most common reason for filing for bankruptcy. If the judgment creditor had an execution issued and attached any equity in your home, you may have a problem.
Can a creditor add an account to your bankruptcy when the account was opened after filing and you didn't include it yourself?
No, debts acquired after the filing cannot be included in the BK petition.
Is it possible for a creditor to take your monthly salary after filing bankruptcy?
No, unless the creditor gets relief from stay or the bankruptcy is dismisssed.
In a Chapter 7 bankruptcy a person filing for relief is called a?
In a Chapter 7 bankruptcy, a person filing for relief is called a
Where can one find something about chapter 11 bankruptcy filing?
The US Courts is the best place to source information regarding chapter 11 bankruptcy filing. Here you will find valuable information including how the chapter 11 bankruptcy works. Other sites that provide information include; Investopedia and Wikipedia.
How long do you have to wait to file bankruptcy after last bankruptcy?
You have to wait eight years after filing for Chapter 7 and 4 after filing for Chapter 13.
What happens if a creditor garnishes after filing bankruptcy?
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.
What can be done to attain employment at 60years old after filing chapter 7 bankruptcy What if there is reasonable reason for filing chapter 7 Could the reason for bankruptcy be told to the employer?
How to get after job filing chapter 7 bankruptcy once it appears on the credit report
What happens if you wreck your car after filing for Chapter 13 bankruptcy?
If you wreck your car after filing for Chapter 13 bankruptcy you can file it on your insurance. You can then replace your car based on the bankruptcy order.
