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Do you have to go to court before a judge before the bankruptcy is discharged?
Wiki User
∙ 8y ago
Normally, no.
Sometimes you are required to show for some proceedings such as:
Relief from Stay hearings sometimes 2004 exams any adversary proceeding
Normally you never see the bankruptcy judge, just the Trustee.
Wiki User
∙ 8y ago
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Can a debtor be discharged from a credit union loan which he took out to pay his taxes?
"Discharge" applies to a debt being wiped out by the bankruptcy court. If all the requirements are met and approved by a bankruptcy judge, then yes, a debtor's obligation can be discharged. If the debtor does not file or qualify to be granted a bankruptcy, then No, his debt will not be discharged, or forgiven. It needs to be paid.
Once the bankruptcy has been discharged how do you get the creditors that you filed bankruptcy on to show as satisfied or closed on your credit record?
First, get your discharged letter from the bankruptcy court and send it to the credit agencies. No matter what you have put in your bankruptcy, it will not come off your credit report until the bankruptcy is taking off. Make sure you keep all your bankruptcy records that list all items. Soon as I was discharged from my Chapter 13 the very next day my credit score went up very high. Anyone claiming they can remove or change the accurate history of your past should be considered a scam artist. As all conumer affairs and agencies keep on trying to make everyine aware of. YOU can improve your future, but the past is and will remain what it is . Bankruptcy, on a credit report will remain for at least 10 years. In fact, credit reports are provided by indepndent, private companies that are paid to report things they can find. Most requests follow a standard format which ask for it as above. However if someone requests a history for a longer time, they are happy to do so, for a fee. Your BK as a Federal court record, is available and on record for an almost perpetual period of time. No one (except the BK court and judge) can have that history changed or expunged. Period.
What do you do if you receive an inheritance shortly before your Chapter 7 meeting with the creditors?
Any money you inherit prior to a bankruptcy being discharged would have to be revealed to the judge and trustee assigned. These newly acquired assets would be factored into your financial picture and may be captured in whole or part to pay your creditors. It is possible that a sizable inheritance would cause your bankruptcy petition to be "thrown out". Consult with a competent attorney to learn the exact implications in your case and state.
Can a bankruptcy judge make a creditor lower the interest rate?
In cases of bankruptcy, it is quite common for interest rates to be renegotiated.
How does one apply for bankruptcy?
First and foremost, the applicant has to decide with version of bankruptcy he/she/they are filing for. There are six types: Chaper 7, Chapter 9, Chapter 11, Chapter 12, Chapter 13, and Chapter 15. The most common is Chapter 11 and the process begins with the filing of bankruptcy paperwork to the appropriate court. This is done with an attorney or a qualified paralegal. From there, the applicant appears in court to answer questions from a bankruptcy judge and with all of the evidence gathered, waits for a decision. This can happen in a matter of days, weeks, or months depending on the circumstances.
Can a debtor be discharged from a credit union loan which he took out to pay his taxes?
"Discharge" applies to a debt being wiped out by the bankruptcy court. If all the requirements are met and approved by a bankruptcy judge, then yes, a debtor's obligation can be discharged. If the debtor does not file or qualify to be granted a bankruptcy, then No, his debt will not be discharged, or forgiven. It needs to be paid.
Can a judge accept a complaint Adversary Action after a bankruptcy has been discharged?
No, a judge cannot accept a complaint for an Adversary Action once a bankruptcy has been discharged. Once a bankruptcy has been discharged, the case is typically considered closed and any further legal actions must be pursued in a separate lawsuit outside of the bankruptcy process.
What happens to an incomplete bankruptcy filing if the filer dies before its completion?
The filer has to be in person for the 341 meeting so the bankruptcy would be dismissed. A bankruptcy may still be discharged if they are just waiting on the judge to discharge the bankruptcy.
If you are a landholder on a home and the person files bankruptcy will they be able to include the debt they owe you into the bankruptcy?
They can include it, but the creditor/landholder can file a relief of stay to have the debt excluded from being discharged in the bankruptcy. The decision of what debts are to be discharged are determined by state and/or federal law and the bankruptcy judge.
If your bankruptcy has been discharged do you have to turn over your income tax refund?
Under the current bankruptcy law, you have to follow the instructions on the judge's decree. You may come under a category that you owe nothing following the judge's ruling. You may not. Either read the ruling, get someone to read it to you, or go to the court and purchase a copy to replace the one you lost.
If you filed for bankruptcy before the six year period and now you have a judge hearing coming up what are the reasons you can state in order for your bankruptcy to be discharged?
It's doubtful if the BK will be allowed, especially since a hearing has been scheduled. The best option is to state the facts, and not attempt to 'play' on the sympathy of the court. Most judges do not have much patience with persons who have multiple BK filings.
Can you put an eviction in a bankruptcy?
No. Bankruptcy doesn't erase anything from your credit. In fact, it adds a very, very, bad thing to it.
In a chapter 13 bankruptcy what if the trustee calls for an order expunging claim?
A judge or court may sometimes expunge a claim in bankruptcy court. This means that the claim is erased, as if it never happened.
What best describes the debtor's involvement with the bankruptcy judge?
The debtor's involvement with the bankruptcy judge typically involves attending court hearings and presenting their case or responding to questions from the judge or opposing counsel. The debtor may also need to provide documentation or evidence as requested by the judge to support their bankruptcy claims. Overall, the debtor is expected to cooperate and comply with the instructions and decisions of the bankruptcy judge throughout the bankruptcy process.
What does it mean if someone asks if your bankruptcy is closed?
Normally when someone inquires if your bankruptcy is closed they are referring to has it been "discharged" When a judge presiding over the bankruptcy of a debtor and approves it. The approval constitutes a discharge of those debts and is thus "closed" On the other hand if the bankruptcy is not approved then the bankruptcy is "dissmissed" But in your case a closure constitutes a discharge.
How do you write letter why you filed bankruptcy?
If you need to write a letter that you filed bankruptcy, simply address it to a judge or magistrate and state the reasons whether they were medical, financial or relationship oriented. Sometimes you may need to do this when you apply for credit after a bankruptcy is discharged as this will show for quite a few years.
If you received a dismissal with prejudice on a chapter 13 with a one-year bar can you get around this in order to stop a foreclosure?
It is difficult to get around a dismissal with prejudice and one-year bar in a Chapter 13 case. However, you may be able to explore other legal options or file a new bankruptcy case under different circumstances to try and stop the foreclosure. Consulting with a bankruptcy attorney would be advisable to assess your specific situation and explore all available options.
