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How do you add a creditor to a Chapter 7 filing that was erroneously omitted?
Wiki User
∙ 8y ago
In some jurisdictions, you may not need to add an unintentionally omitted (e.g., California, Central District, 9th Circuit) where your case was a "no asset" chapter 7 case, meaning no assets were sold to pay off creditors; however, in other jurisdictions, you have to file a Motion To Reopen Chapter 7 Case To Add Unintentionally Omitted Creditor
Wiki User
∙ 8y ago
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How does a creditor answer Chapter 7 bankruptcy?
By filing a proof of Claim, or by addressing questions/arguments to the court
Is your HELOC exempt during the filing of chapter 7?
No, its a creditor and must be listed in your BK petition.
If you file for chapter 7 bankruptcy and have the first meeting with the treasurer can you still add a creditor to the bankruptcy?
You should have no problems filing an amendment to add the creditor.
Can you be an authorized user on a parent's account after filing a chapter 13?
Probably, but that would be at the discretion of the creditor/card issuer.
Can a creditor be excluded from a debtor who filed chapter 11 and wishes to continue to purchase goods and can the goods sold prior to the chapter 11 filing be excluded?
Such decisions as a rule are left to the bankruptcy court. Generally such action is not allowed as it would be viewed as favoritism to one creditor.
Will filing chapter 7 bankruptcy get rid of a credit card judgment?
Yes. It is the most common reason for filing for bankruptcy. If the judgment creditor had an execution issued and attached any equity in your home, you may have a problem.
What can be done if you filed for chapter 7 and didn't list a specific creditor?
If the BK has not been discharged, you can ask to have it reopened and you filing amended to include the creditor. That will be expensive, though. If that isnot possible, then you owe the creditor the full amount of the debt, and should try to work out an agreement for repayment.
Truck repossed after filing chapter 7?
This is not a question. The truck could not legally be repossessed after the filing of a bankruptcy. Notify the creditor of the filing, giving the court's location (District of ?) and docket number. If you don't have a lawyer, send it by certified mail, return receipt and by regular mail, and make sure you keep a copy for yourself. If you've gotten a notice of your 341 meeting, send a copy of it to the creditor as well.
How do you get an old creditor who was not listed on a chapter 13 bankruptcy to stop bothering you?
Send a letter of "cease and desist". This will not keep a creditor from filing lawsuit to recover the debt. It will only prevent them from contacting the debtor except to inform the debtor that a suit is being filed.
Can a secured debt be taken from you after it was discarged in a chapter 7?
In most Chapter 7 cases you are not including secured property unless you are surrendering the property back to the creditor. If you are holding on to secured property during a chapter 7 process the property must be reaffirmed with the creditor at time of filing meaning you have an agreement with the creditor to leave the property out of the bankruptcy and continue to make your payments. When you discharge debt through chapter 7 it doesn't make sense that you could keep a secured piece of property and not pay for it. Maybe you were unclear about what you were really doing.
Filing a Chapter 7 with 2 payments owing on your car how long do you have in getting it current before the creditor can take it if you plan on curing the default 30 days after filing?
When you file a Chapter 7 bankruptcy, you have the option to keep your home and 1 vehicle. If you are able to make the last 2 payments on the car, you can keep it and not include it in the bankruptcy.
Does income count AFTER you file chapter 7?
A person's income does not count after filing chapter 7 bankruptcy. All that counts is what you had before filing bankruptcy.
