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If I understand your question, the creditor would file a motion with the court objecting to the debt in question being discharged. The creditor has to serve the motion (by mail) on you. The motion would let you know of when the hearing is scheduled. You should go to the court on that date and time to oppose the motion if you have any opposition. You should also file a written answer letting the court know that you oppose the motion and why. Go to the court and ask them if they can show you how to file an answer. Creditors have a deadline for when they can file such a motion. The deadline date is listed on the bankruptcy notice the court mailed to you and your creditors. If the motion is brought after that date, it is no good. If you haven't received such a motion by that date, then you are in the clear.
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∙ 15y ago
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∙ 12y agoelectronically
The previous response is absolutely false. In fact, it would not be considered legal, and for any number of other reasons, would not be used.
The debtor completes a listing of all known or even possible creditors when filing for BK.
That list is used.
Additionally, the trustee and court are responsible to review lots of records of the filer and assure all potential creditors are contacted and given the chance to file a proof of claim. That generally means ANYONE that was paid (appearing as ever having an account that was payable in the time period), and any others that it seems may have an interest. Finally, commonly, all filings are posted in court records and a paper that qualifies as legal notice.
Obviously, all item are done by some registered and legal process, although in recent time AFTER the establishment of a file the option of electronic receipt of notices is sometimes made available. Any actual definitive (court paperwork) is still virtually always by actual paper and signature.
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If you voluntarily have a chapter 13 bankruptcy dismissed will your creditors be notified of the dismissal?
Yes. If you voluntarily have a chapter 13 bankruptcy dismissed, your creditors will be notified of the dismissal.
What creditors must be notified after a death?
All creditors must be notified.
Can a checking account where you work be notified if you file bankruptcy?
Not sure what you mean by being "notified". I would just say that it is not a good idea to try to beat the system. A bankruptcy case does not end when the judge discharges your debts. Your creditors still have rights after the discharge if you have been less than honest during the trial.
How do you find if a person was included as a creditor in Chapter 7 bankruptcy and not notified?
The creditors are normally notified by certified mail...or a system involving a listing considered reliable that their name on it means they were included in the mailing. (And of course, if it is posted in legal notices papers, that normally qualifies as notice too). So, if there is any mailing listing and especially a listed one, that includes the creditors name, they have been notified. If it isn't there, then they haven't.
While filing bankruptcy is your current bank notified?
Only your creditors should receive the bankruptcy notice. A careless petition preparer could have names and addresses on the list that do not belong there. If you don't owe your bank any money, they should not be on the list.
What type of attorney protects creditors when there is a bankruptcy?
Bankruptcy trustee.
If you file bankruptcy who will be notified?
All creditors are notified and you are required to attend a 341 meeting of creditors prior to your plan being approved. Most creditors, especially the unsecured ones, do not bother to attend. Those that do attend must restrict their questions to your financial situation. Many trustees are now requiring Payroll deduction of payments into the plan if filing Chapter 13, so it is possible a Payroll accountant at your business will become aware of the filing.
When do you stop paying your creditors once you have retained a bankruptcy attorney?
The debtor should cease payment of creditors when they decide they are going to file for bankruptcy.
Will a cosigner on a mortgage be notified if a borrower files for bankruptcy?
They should be, however if the petitioner does not list, they may not be notified. However, there are ways to verify if a petitioner has filed for bankruptcy.
Can you file for bankruptcy if you have a second mortgage?
Bankruptcy is of an individual or a corporation can not distinguish between creditors.
What is the Bankruptcy Code?
The Bankruptcy Code refers to a business filing bankruptcy. If a business is unable to pay it's debt or pay it's creditors, the business or it's creditors can file bankruptcy. Upon filing bankruptcy, the business ceases operation, a trustee sells the assets, and then gives the proceeds to it's creditors.
Do you list a landlord on the list of creditors in a bankruptcy?
You do if you owe him money. You must include ALL creditors.
