File a proof of claim
Yes, as long as the creditor is listed on the bankruptcy.
Yes it is. The presumption of bankruptcy is that all of the bills that were owed will be discharged at the time. If for a reason the bill that wasnt listed came up it can still be discharged by the court. Your attorney can file an addendum for this with the court after wards.
If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.
The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
If you are referring to a credit report the answer is NO. If the query is in reference to a creditor attempting to collect a debt that was included in the bankruptcy, the answer is also NO!2If the creditor is listed in the bankruptcy, No. If they continue to pursue it you can contact your attorney request a copy of the matrix filed in your bankruptcy, and either advise them of the page number the creditor is listed on and that it was discharged. Or, you can file a complaint with the federal court in your area and have it investigated.
You will receive, directly from the bankruptcy court, a notice of filing and information on filing your claim with the court. If you believe a person has filed bankruptcy, and you know the person' s address, you can check with the clerk of the bankruptcy court. The bankruptcy court one files in is determined by the county within which the debtor resides.
No. And if you knew they were a creditor, you could be subject to fraud charges for having filed papers with the court swearing you were declaring your entire financial status and known creditors.
Judgments are listed by creditor in Schedule D, E or F, depending on the nature of the debt and judgment, and in the Statement of Financial Affairs. question 4a (if within the past year).
You can keep them as long asa you keep paying the car loans. But beware that there is court precedent where a creditor can force you to either surrender the property or reaffirm the debt. Reaffirming the debt is never a good idea.
If you handled your BK correctly no, as he/she would be a creditor listed and whose debt is dismissed in the bankruptcy by the court too.
If you owe your landlord a lot of bank rent, they could be listed as a creditor. However, it might not be a good idea as the landlord may be more prone to evict you if they haven't gotten their money.
No, its a creditor and must be listed in your BK petition.
Usually it means that you can't sue your tenant in regular court, you have to go thru the bankruptcy court. It really shouldn't mean much for you, tho, your tenant will need to keep paying rent, or move out.
No. The bankruptcy is to stop anyone who has a right to collect a debt from being able to collect, called the automatic stay. If the debt is listed in the correct debt owner's (creditor's) address and it is discharged, it does not matter who owns the debt.
Possession is 9/10th of the law. Not if the vehicle qualified to be listed in the bankruptcy filing. In which case no action pertaining to the vehicle can be taken until the bankruptcy proceedings are finished.
It may, I would make sure they are listed as a creditor upon filing.
No. What will happen is all the defaulted accounts listed in the bankruptcy will be marked as such.."included in bankruptcy". The credit history, late payments, judgments, etc. will remain the same. In addition to the scenario in the above answer: The bankruptcy filing itself will be listed in the "public records" portion of your credit report. The disposition needs to be listed also (the discharge). The "bad marks" (i.e., the accounts) will show on your credit for 7 years. The bankruptcy listing will show for 7 years for a completed and discharged Chapter 13 bankruptcy and 10 years for a discharged Chapter 7.
If the debt was discharged in the BK the entry for the creditor should read as such. The entry itself will not be expunged until the required 7 years has expired.
If the debt was truly unsecured and you properly listed the debt in the bankruptcy, then the debt has been discharge. If the creditor persists in violating the discharge order, the creditor could be held on contempt of court and held liable for fines and attorney's fees.
If the accident was not caused by drug or alcohol or deliberately, the judgment can be discharged in bankruptcy. You cannot file just for the judgment. ALL creditors must be listed, and you might have to do a chapter 13.
In a Chapter 7 case, one can normally reopen a bankruptcy to add a creditor as long as the debt was incurred before the bankruptcy case was filed and the debtor simply forgot to list the creditor on his or her petition. The court charges a filing fee of $155 to reopen a case and a $26 amendment fee to add the creditor (as of 2/11/05) plus you'll likely owe additional attorneys fees to do all the extra work. However, if one has a mortgage listed in their petition and the debtor reaffirmed the debt, then chances are the debtor is stuck with the debt once the Discharge and 60 days after the reaffirmation agreement is filed with the Court expire. If the debtor had the mortgage listed and didn't reaffirm the debt, then chances are the debtor can get out of the debt.Under certain circumstances you can add debt after bankruptcy as illustrated by Robinson v.Mann.339F.2d547 (5th Cir.1964). Courts have the discretion to allow amendment of schedules after the expiration of the claims period under exceptional circumstances such as (1) the case is a no-asset one, (2) there is no fraud, and(3) the creditor was omitted through mistake or inadvertence.In a chapter 7 no asset case, anyone creditor to whom the debtor owed money prior to filing is included in the bankruptcy, whether they were listed on the schedules or not. If an asset is administered, the debtor should attempt to list all creditors prior to the trustee administering assets. If they don't that debt will survive the bankruptcy.In chapter 13 cases, the debts should all be listed prior to confirmation. If they are not, and the creditor cannot share in any distribution of funds, the debt will survive the bankruptcy.
Get a copy of all three credit reports. The addresses and/or phone numbers of all your creditors should be listed on the report. You should also include the addresses listed on your statements so that in case your credit report has an error your creditor will still get notice of your bankruptcy.
Of course. Your saying the person/co you owed money to (the creditor) went bankrupt. So? His/its bankruptcy does not relieve or change YOUR debt in any way...whether he transferred the debt or not, before or after filing. In fact, the debt you had to that bankrupt party is an asset of its. Hence, when he declared bankrutpcy it is very commonly given to one of HIS creditors as a way to pay them.