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.
No. Sometimes it will be reported as "Included in Bankruptcy"
Yes. If you voluntarily have a chapter 13 bankruptcy dismissed, your creditors will be notified of the dismissal.
You should have no problems filing an amendment to add the creditor.
File a proof of claim
If the creditor is a participant in the chapter 13 then they should have received notification from the bankruptcy court. The bankruptcy petitioner should notify the trustee that the creditor is in error. If the creditor is not a participant, they can continue to contact the debtor until they are notified in writing to "cease and desist".AnswerSend the creditor a written letter stated they are to cease contacting you by phone immediately and Amy only contact you through written correspondence. This is allowed by the Fair Debt Collections Act, a federal law. That should at least get you started.
No they cannot, as long as you included them in your bankruptcy. They would be in violation of Federal Law, and liable to suit and possible penalty from the bankruptcy court. The bankruptcy attorney, or the trustee should be notified about any collections on a bankruptcy account.
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.
Any creditor not included in a bankruptcy discharge retains the right to continue attempting to collect a debt. That would include using legal remedy in the form of a lawsuit against the debtor.
No. Bankruptcy discharge does not mean the money isn't owed. It means that creditors cannot attempt to collect it. The money will always be owed. Accounts included in bankruptcy will stay on the cr marked included in bankruptcy, for the full seven years.
By filing a proof of Claim, or by addressing questions/arguments to the court
yes it is
contact them and ask them why...if it's a credit card...or basically anything but student loans they have to accept the terms of the bankruptcy. get in touch with the lawyer who did your filings for your bankruptcy proceedings and they should get it taken care of.