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Can you still file bankruptcy even though a creditor has started the process of garnishing you?
Chan40
Yes you can. No matter what stage the lawsuit is in, the act of filing bankruptcy stops all proceedings against you to collect money. Even if you are currently being garnished you can stop it. Generally unless the deduction is for child support, almost everything being garnished from your check is stopped. Even garnishments for student loans and taxes. Will those be discharged? That's a whole other question.
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What should you do if a creditor continues to call your job after you have filed for a chapter 13?
If the creditor is a participant in the chapter 13 then they should have received notification from the bankruptcy court. The bankruptcy petitioner should notify the trustee that the creditor is in error. If the creditor is not a participant, they can continue to contact the debtor until they are notified in writing to "cease and desist".AnswerSend the creditor a written letter stated they are to cease contacting you by phone immediately and Amy only contact you through written correspondence. This is allowed by the Fair Debt Collections Act, a federal law. That should at least get you started.
If the bankruptcy process has started and the bank repossesses the car do you still owe after the bankruptcy?
Patrick, the B/K proces hasn't started until you get the magic "case #". be sure to tell your B/K attorney about the car loan. S/he can give you more info on the process. Good Luck
Can you file bankruptcy after creditors have started legal action?
you can add a creditor any time just make sure you didn't make that bill in bankruptcy the courts can dismis your case if you did make another bill in bankruptcy. talk to your lawer some times they charge a fee to add a bill.
If you have about 50000 of credit card debt that is 10 years old and you have not filed for bankruptcy does the debt still have to be repaid?
It depends on if the debt has been charged-off. Typicall after a debt is charged-off the original creditor has a specific time period depending on the state in which the debtor reside to file suit to obtain a judgment in order to force the repayment of the debt. If the time period mentioned above elaspes without the creditor filing suit then typically the answer would be that the debt does not need to be repaid. However, if you made partial payments to the creditor after the charge-off date you have started the clock over on that time period and the creditor get another chance. The best thing to do is contact a bankruptcy attorney for all the detail concerning the specifics of you particular situation.
Can a creditor garnish more than the amount owed?
Some companies require you to pay fees that are cost to them to take the legal matter.
Who started the election process?
I think we started the elections
Bankruptcy Statutes Within The United States?
Bankruptcy is a large financial change that will affect people for years after it has been declared. Due to dramatic changes in the financial market, the laws and statutes of bankruptcy have changed in the last few years. While it used to be a much more streamlined process, there are now quite a few rules and obligations necessary throughout. Here are a few key points when considering bankruptcy as an option. The United States is one of the few countries in which bankruptcy is a federal mandated law. It is a means in which debt is removed or a payment process is developed for overwhelming credit. Federal law also mandates that certain forms of financial counseling must be undertaken before the process is even started. This is a relatively new law which accompanied the extended periods that bankruptcy will show up on credit scores. It is a necessary step as it allows those considering bankruptcy to understand the severity of the option and the nuances of the entire process. In terms of personal bankruptcy, there are currently two options. Before either of these options can be carried out, mandatory credit counseling must take place. The United States government maintains a list of approved credit counselors, credit agencies, and financial counselors that may be consulted before filing bankruptcy. This must be done within six months before declaration. Chapter 7 is the more severe form of bankruptcy in which one could lose all valuable possessions, outside of a handful of exempt accounts, and the slate is then wiped clean. Chapter 13 is the shorter form of personal bankruptcy in which debts are consolidated and sometimes lowered and a repayment plan is developed. In order to exit bankruptcy, another personal financial management course must be taken online, on the phone, or in person. Chapter 11 bankruptcy is an option for companies that have collected an overwhelming amount of debt and need to setup a court approved repayment plan. A trustee may be appointed with Chapter 11 to take control of the failing business' assets and properties. With the increasing complexity and seriousness of bankruptcy, utilizing a financial professional or bankruptcy lawyer will almost always be necessary before considering this process. While this is a federal law, it is important to identify state specific rules on bankruptcy before the process is undertaken.
Can you reopen a chapter 7 bankruptcy that was closed without discharge due to the petitioner's failure to provide the CCFM schedule?
yes u can u have to contatct the bankruptcy clerks office to pay the fees and get the paperwork started
What is the latest computer process?
Which ever process was started last on your computer.
In what year did Tower Records file for bankruptcy and liquidation?
Tower records filed for bankruptcy and liquidation in 2006 after several years of failed ventures and negative earnings. This ended nearly 40 years of business that started in 1960.
When was voting process started in India?
1950
Can you still file if the bank has started the foreclosure process?
Homeowners who have recently been foreclosed on can still file bankruptcy even though the bank is pursuing foreclosure in the local courts. Just because the lender has initiated a lawsuit to take the house back does not mean that homeowners are unable to seek protection through the federal bankruptcy court system. Essentially, foreclosure proceedings are a collection attempt by mortgage companies to force homeowners to pay what they owe on the loan, or have their home auctioned off by the county government to satisfy the mortgage. There is nothing else secretive or fancy about the process, and it is little different from a credit card company or other creditor suing borrowers to force payment of a debt. Thus, homeowners are almost always able to file bankruptcy to stop foreclosure up until the time that they are no longer the owners of the home. This typically means that they can wait until just a few hours before the scheduled sheriff sale of the property to file the bankruptcy petition, and this will stop the foreclosure process from being able to continue. Once a borrower files a petition with the bankruptcy courts, the automatic stay goes into effect, which precludes lenders from being able to continue collection efforts. Because the entire foreclosure lawsuit is a collection effort, the mortgage company will have to put its process on hold until the debt is resolved through bankruptcy. Of course, most lenders do not particularly want to deal with the extra hassle this causes, but they have no other choice than to put the foreclosure on hold. So homeowners who are facing a foreclosure or have already been sued by the lender will be able to file bankruptcy and include the house in the petition anytime until the sheriff sale. After the auction, when ownership is transferred into the name of the new owner, then it will be too late to rely on this option to stop foreclosure, because the borrowers no longer have an ownership interest in the property.
