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Do creditors get money from settlement if no claim was filed during bankruptcy?
Wiki User
∙ 12y ago
They would legitimately be entitled to be a party to the settlement but would need to apply to the bankruptcy administrator for consideration in this instance.
Wiki User
∙ 12y ago
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If you inherit money after a ch 7 bankruptcy how much time must pass before I have to pay said money to my creditors?
If your bankruptcy is over....it's over. There is no claim to what ever you get in the future.
If I have have won a money settlement can a 20 year old chapter 7 bankruptcy make a claim against the funds?
No
Who can file a proof of claim in any bankruptcy proceedings?
In a chapter 7, with a no-asset notice, no claim can be filed. In a chapter 13, all creditors should file a proof of claim within the time period provided.
Can you receieved a large settlement payment after you are discharged from a chapter 13 bankruptcy?
You can, but you may have to turn it over to the trustee if you did not list the claim in your list of assets and your Statement of Financial Affairs. If the trustee abandoned the claim, the settlement is yours. If you failed to list it, not only can you lose the settlement, you may be subject to federal criminal charges for lying on your bankruptcy forms, which you signed under oath.
Could creditors claim from a deceased estate if bankruptcy of the recently deceased occured 20 years ago?
The events from before the bankruptcy filing or discharge make no difference to anything incurred after. It is not a lifetime forgiveness!
Being in a Chapter 13 bankruptcy and receiving money for a personal injury settlement two years after filing do you have to by law turn that money over to the Trustee or bankruptcy attorney?
Why aren't you asking your bankruptcy attorney? It depends on the amount and what the award is for. And the details may depend on what bankruptcy court your 13 is in. You may be able to use the money to prepay your 13 plan and get out of bankruptcy. The money would go to you, not the bankruptcy attorney (unless you owe the attorney money). What claim the trustee would have is the issue.
What are creditors holding secured claims?
If you signed a Security Agreement, then your creditor has a secured claim on the collateral specified in the agreement.
What percentage of unsecured debt is paid to the debtors involved in a chapter 13 bankruptcy?
The percentage paid to unsecured creditors in a Ch 13 is determined by your disposable income. Secured creditors get paid at 100%, house and car payments remain the same. What's left over gets paid out to those unsecured creditors who file proofs of claim. If a creditor does not file a claim, then that creditor does not get paid.
Should one file for bankruptcy or settle with credit card company?
I have been considering claiming bankruptcy for quite some time now. I have no money and am a student. I was injured on the job a few years back and am going to be receiving a settlement offer from the worker's compensation company soon. The settlement would pay half of my credit card debt. Should I try to settle with the credit card company for less than I owe? Or should I still claim bankruptcy like I was planning originally? If I claim bankruptcy, will the money I get from the settlement be up for grabs? If so, can a bankruptcy lawyer negotiate a settle-for-less deal? Help!
Are you bondable in Ontario if you claim bankruptcy?
According to bankruptcy Canada site, you are bondable during bankruptcy, but...it may cost more during prior to being discharged to be bonded, depending on the agency used for bonding. http://www.bankruptcy-canada.ca/bankruptcy/2007/08/bankruptcy-means-not-bondable.html
Can a creditor file an adversarial claim in bankruptcy court in a personal 7 bankruptcy for something that they contend occurred during a business bankruptcy 2 years previous. No claim was filed then.?
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.
What can you do to get your money from somebody that filed bankruptcy?
File a claim for payment with the trustee. Review and make sure all the things the person is saying about what they have to pay creditors with is true (they aren't hiding assets).
