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How can a landlord couture to evict after your been discharge in bankruptcy court?
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Can filing for bankruptcy stop an eviction?
If the eviction is for nonpayment of rent, yes, since it is a debt collection procedure. The landlord or property manager would have to move for relief from stay to proceed. However, this varies from state to state and even from one bankruptcy court to another, so check with a local bankruptcy lawyer. Even if the eviction is not for past-due rent, the claim will include costs and lawyer's fees, so the landlord should move for relief from stay or wait, if it is a c. 7, until the case is closed. Make sure the landlord is included as a creditor to discharge any money owed to the landlord.
Can the court take money from a savings account that was openeded after the discharge of a chapter 7 bankruptcy?
No, Once you have a discharge its like starting over. dicharge mean its done. No other actions will take place.
Do you have to wait for your discharge papers before you apply for anything when you file bankruptcy?
You can apply for anything you want, you most likely won't get it however until the discharge is listed on the court docket and your credit report is updated.
Can a judgment be dismissed if you file for bankruptcy?
To get technical, a bankruptcy does not "dismiss" a judgment. However, the end result is the same- a bankruptcy will "discharge" the debtors responsibility to pay the judgment which makes unenforceable - uncollectible. It is against Federal law to try and collect funds that have been discharged in bankruptcy. Prior to the discharge in a bankruptcy, and IMMEDIATELY after the filing of your bankruptcy petition, an "automatic stay" by the court is put in place to freeze all collections actions against you. There are several exceptions which include certain taxes, student loans and fraud.
How long do you have to wait after a bankruptcy discharge to inherit land?
The way this question is worded implies you want to manipulate the inheritance to avoid including it in your bankruptcy. If you become an heir to land or any property (cash, motor vehicle, etc.) prior to filing or while you are in bankruptcy, or within 180 days after discharge, you must disclose the inheritance to the trustee and the court, even if you have not actually received the property. There is no "waiting."
Where can you get your bankruptcy discharge paper?
In most cases it will be sent to you by the bankruptcy court. If you need another copy or have not received your discharge papers when you believe you should have then contact the bankruptcy court to obtain them.
Can a Chapter 7 bankruptcy discharge court order judgments?
yes but you still need to talk to a Bankruptcy attorney
Is pre-petiton lawsuit alleging fraud dischargeable in bankruptcy?
The allegation of fraud in a complaint in a lawsuit does not prevent the discharge of the underlying claim. The creditor would have to object to discharge in the bankruptcy court on the grounds of fraud and prove to the court's satisfaction that there was fraud of the kind that bars discharge
Do you know if you go to bankruptcy court do you get discharged when you go there?
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.
How do you find out if your landlord included the condo in which she is renting to me in her Chapter 7?
The local bankruptcy court may have public documents that you can review, if you cannot get the answer you want from the landlord.
Who will notify me of the court's decision regarding my chapter 7 bankruptcy case?
You will receive a letter from the court notifying you that you have received a discharge.
Can filing for bankruptcy stop an eviction?
If the eviction is for nonpayment of rent, yes, since it is a debt collection procedure. The landlord or property manager would have to move for relief from stay to proceed. However, this varies from state to state and even from one bankruptcy court to another, so check with a local bankruptcy lawyer. Even if the eviction is not for past-due rent, the claim will include costs and lawyer's fees, so the landlord should move for relief from stay or wait, if it is a c. 7, until the case is closed. Make sure the landlord is included as a creditor to discharge any money owed to the landlord.
How do I become a constrction consultant with a license?
Yes, bankruptcy will discharge a court ordered judgment but it can be hard to qualify.
Do you still pay rent if you file for bankruptcy?
Yes, you still pay rent, because being bankrupt does not entitle you to free housing.
What happens to a bankruptcy when someone dies?
An administrator or executor of the estate needs to be appointed and file an appearance in the bankruptcy court. The case can continue to discharge of debts of the deceased. Get an experienced bankruptcy lawyer if there no attorney of record.
How do creditors report your bankruptcy discharge?
The creditor reports to the credit reporting bureau(s) they belong to that the debt has been listed in a bankruptcy in which a discharge has been granted. Strictly speaking, any debt that a creditor does not challenge in timely fashion is probably discharged, unless the debtor has committed fraud during the bankruptcy. The court does not specifically determine that a debt is discharged unless an adversarial action involving the discharge of that debt has been heard and a decision by the court has been made.
Can you put moving violation fines on your bankruptcy?
I really don't think so. They are civil fines and I do not think they would be subject to discharge by a Federal Bankruptcy Court. If you have a trustee , ask that person.
