I am not certain what is meant by "anyone" obviously creditors, banks and so forth will be informed a bankruptcy has been filed. When one files for bankruptcy it is done so under oath. Anyone who intentionally files false information or tries to conceal assets is guilty of committing a federal felony; the penalty is a five-year prison sentence for each count. Even if one does not commit intentional fraud, the trustee has the power to dismiss a case for almost any reason, especially with the new BK reform having become law. we had to explain a few things such as deposits on our checking acct and i didnt want the trustee or anyone else calling my client to verify info because of embarassment
Contact the trustee who is in charge of the BK.
Contact the trustee who is in charge of the case.
Contact the attorney that handled the BK or the BK trustee and inform them that you want to file a petition for a voluntary dismissal of the "13".
To file for bankruptcy you will have to firstly, admit that you are having financial issues. Secondly, you contact a licensed trustee to evaluate your situation. You will have two appointments with the trustee: the first to fill out an application form to file for bankruptcy, the other to sign papers that you agree to the terms of filing for bankruptcy.
If the owner has filed bankruptcy the property cannot be sold. It is in the legal possession of the trustee in bankruptcy who cannot sell any property without the permission of the court. You can contact the court for the name and contact information of the trustee and direct any questions you may have to the trustee.
A person or persons would need to file for bankruptcy before having any contact with the court and/or bankruptcy trustee. A bankruptcy discharge is what is granted if the filing is deemed valid.
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.
You will probably receive one more chance. You need to have your lawyer contact the bankruptcy trustee and see if it can be rescheduled.
You have to wait until it has been discharged or dismissed. At that time the trustee's jurisdiction (control) over the house reverts back to the owner. However, if you need to do so while the bankruptcy is pending, you can petition the trustee to release the house, state the reason why it would be best to let the house be sold, and the trustee will make the decision whether it can be sold or not.
The involved party should contact the bankruptcy trustee as soon as possible and explain the error. A trustee will generally give the person(s) thirty days in which to catch up on arrears before filing for dismissal.
If the vehicle was not included as non-exempt property in the BK petition it is considered exempt from sale and seizure.
You might have had assets in excess of your statutory exemptions that the trustee is legally obligated to collect and pay your creditors.
The trustee will be sending you a letter about what will happen in the 341 meeting, that's how you will know.
For a bankruptcy trustee, it is possible but it would be determined on a case by case basis. More than likely the debtor will not be granted to have access to the structured settlement whether or not the bankruptcy is approved.
Unless the likely judgment was exempted, or the claim was abandoned by the trustee, all or part of it has to go to the Chapter 7 trustee, or all of it to the Chapter 13 trustee. Talk to your bankruptcy lawyer or get one.
YES. Most likely what happened is the bankruptcy trustee auctioned the residence to somebody who is holding it till they can get a better resale price on the market. Find the owner of record and contact them or their agent for real estate. If the bankruptcy trustee has not auctioned the residence yet, then the bankruptcy procedure might not be complete and they probably are waiting till some time in the near future when the residence can be auctioned for more than the bankruptcy exemption value (which the bankruptcy trustee should provide to you upon sale of that asset). A bankruptcy trustee should not have reservations about reselling an asset back to the bankrupt person, but it would be a cash sale for some amount (determined by the trustee) in excess of the exemption figure (set by state regulation). If your bankruptcy procedure has been completed officially, and the residence has not been auctioned by the court yet, then there may be some legal problem with the handling of your bankruptcy and you might inquire with the court about the disposition of the residence in that bankruptcy case (if the bankruptcy trustee was wrong to take the residence for auction, then that decision might be changed).
It is very important that the BK participants contact the bankruptcy trustee as soon as possible when they experience changes that directly affect the filing status.
You will receive a letter that your bankruptcy is discharged. You can also call the bankruptcy court or the trustee and find out if it is final.
If you are in the midst of a bankruptcy proceeding the title to all your property is in the trustee. You can't sell any property. You should direct any questions to your attorney or to the trustee in bankruptcy.
I think it depends on when the bankruptcy is discharged, but it would be discussed at your meeting with the creditors and the trustee. If it wasn't discussed, then the refund is yours.
You need to contact the trustee in bankruptcy. The bankrupt hasn't "given up their interest" unless they have already executed a deed. Their interest may be subject to the bankruptcy proceeding.
Yes but the trustee can seek to include the money received in your estate. If you have sold it to family or friends to avoid losing it in bankruptcy, the trustee can have the sale reversed.
If a trustee opposes your bankruptcy, it means that they do not believe you should be granted discharge of your debts and, as a result, you might not be able to go bankrupt, if the trustee's position prevails.
have to list ALL debts and ALL assets...you do not have any choice or pick and chose. Not doing sp can cause dismissal, and even contempt or fraud charges as you swear in your petition to the court that you have revealed you entire financial situation.. You should talk to your bankruptcy attorney about it.