0
Can you refuse to pay a judgment if the firm filing it is in Chapter 11 bankruptcy?
Wiki User
∙ 14y ago
No...THEIR bankruptcy may change THEIR obligations on THEIR debts...it doesn't change yours, in any way, shape or form....except that now the federal court wants to make sure anything the Co is owed is paid so it can give it to the creditors.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Can I exempt my ownership of a partnership if you declare Chapter 7 Bankruptcy?
Not legally. It's a resource that can be used to pay your creditors. If you hide or refuse to acknowledge it, you're cheating the creditors and in violation of bankruptcy law.
If you have retained a lawyer for bankruptcy but have not paid all of the fees can a creditor still take you to court to garnish your wages?
Obviously I don't know the agreement you made with the attorney. But in general, once a retainer has been paid, a lawyer begins "acting on your behalf." Which means he/she would be letting your creditors know that you are filing a BK. And any legal action they might take, would be futile, ntil after the filing. At which time they could object and ask to have their debt dismissed from the BK. BK will halt any judgment that has been awarded. It does not matter if you have hired an attorney. The part which stops the garnishment is the FILING of the Bankruptcy. With a Chapter 7, the attorney can refuse to file until all attorney fees are paid since his or her debt is discharged along with everything else.
Can a doctor's office refuse to let their bills be included in a Chapter 7 bankruptcy?
Yes. Any creditor can petition the court to be excluded from a bankruptcy. It is up to the judge (sometimes the BK Trustee) to rule on whether or not the request will be granted.
Can a rent apartment after filing for bankruptcy?
It's up to your potential landlord. Some might refuse to rent to you, others might figure that you're probably a better risk now than you were before you filed.
Can hospitals refuse service because of judgment?
No.
Can your mortgage company refuse payments after filing Chapter 7 Mortgage was not included in Chapter 7 filing.?
You know, everything ---that is ALL assets and ALL liabilities are included in your bankruptcy...(yes, they may be given different positions, but they all MUST be included)...you don't pick and chose. How did YOU decide to not include your mortgage? To the first responder: Um... Yes, you can eliminate anything you want from your filing. I'm going through it right now, and I am "re-affirming" my mortgage. Technically, I suppose it is still "listed" on the forms, but as soon as you re-affirm, you owe the debt again. To the original questioner: If you have filed the proper papers, your lender should not be able to refuse your payments (assuming they accepted the re-affirm), but you should talk to your bankruptcy attorney for more details. It would, I suppose, be possible for them not to accept the re-affirm, but then you would be out of the mortgage, and they would be stuck with the house, something I wouldn't imagine them wanting since they're in business to make money, not to own houses.
Can you file chapter 7 twice?
11 U.S.C. 727(a)(8) says that a person may file a Chapter 7 case unless that person "has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition." So, one has to wait at least 6 years from the filing date of the most recent prior Chapter 7 for one to be able to file another Chapter 7. It should also be noted that Section (a)(9) also imposes a bar to re-filing a Chapter 7 if someone filed a Chapter 13 in the past 6 years which received discharged unless certain criteria were met in the Chapter 13. The Bankruptcy Code does not specify a maximum number of times one can file bankruptcy, though Courts will scrutinize multiple filings and will deny a person the ability to re-file a case if the Court believes the person's multiple filings constitute an abuse of the Bankruptcy Code. For example, if a person files multiple cases because they have a medical condition and can't get insurance and medical bills keep piling up, the Court may allow multiple filings. On the other hand, if one keeps charging up credit cards and tries to come back to Court to discharge them, the Court may deny the filing. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
How do you get bankruptcy off credit report?
Wait 10 years from the date of the bankruptcy filing (some bankruptcy courts have ruled that the time is from the date of discharge, usually less than 6 months from the date of filing). If the bankruptcy has not been removed from a credit report, go to the credit reporting bureau website and complete the form asking for the error (not removing the bankruptcy listing) to be corrected. If that doesn't work, either get a lawyer or send the bureau a certified letter, return receipt requested, asking them to remove it. You may want to send the same letter by ordinary mail, just in case they refuse to accept the certified letter.
After bankruptcy is clear can any bank refuse to give you a mortgage loan?
Yes. There does not need to be the issue of bankruptcy for a lending institution to refuse the applicant. What they may not do is discriminate for reasons of gender, race, ethnicity and so forth.
Can a court order a company or person to file bankruptcy in the state of Georgia?
Bankruptcy is normally voluntary, however if your creditors feel it is required for them to get paid and you refuse, they can force it - an involuntary bankruptcy.
Can a hospital refuse care after you file chapter 13 bankruptcy?
Not emergency car in life threatening situations. But, private ones, like any business, can refuse to grant you credit, so unless you are prepared to give a deposit (or some provision) ample to assure payment of your charges, (once you are stable), can transfer you to a facility that will take you. If you aren't requiring emergency care, they can refuse you admittance.
Can you refuse an inheritance after filing?
You may decline an inheritance. It allows you to adjust who gets what according to the will.
