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How do you get an old creditor who was not listed on a chapter 13 bankruptcy to stop bothering you?

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2006-03-11 20:02:41
2006-03-11 20:02:41

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.

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Yes, as long as the creditor is listed on the bankruptcy.

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.

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.

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.

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).

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.

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.

No, its a creditor and must be listed in your BK petition.

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.

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.

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.

You must have the lien avoided in the bankruptcy court. This has to happen before the bankruptcy case is closed or you have to petition to have the case re-opened. LIENS SURVIVE BANKRUPTCY UNLESS YOU SPECIFICALLY MOVE TO HAVE THEM AVOIDED. Let me add to the last post. Most of the time, the creditor who has the lien is listed as unsecured, even though they are technically secured. You need to review your bankruptcy to see how the claim was handled. If it was paid as secured (100%) or 100% to unsecured, then contact the creditor. If the debt was paid as unsecured (less then 100%), then you must have the lien avoided. Most chapter 13's are less than 100% to unsecured.

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.

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.

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 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 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.

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.

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.

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.

Codebtors must be listed in the bankruptcy, and put in the list of creditors if you want the codebtor to receive notices. No one is "invited" to the creditors' meeting, but notices are mailed to all the creditors, which/who may attend if they wish.

If an LLC declares Chapter 11 bankruptcy the employees wages will continue to be paid as normal. However, under a Chapter 7 bankruptcy, the employees are listed as creditors, and wages are paid out with other creditors from any remaining assets, if any remain.

That depends on HOW they notated the account. If they marked it as 'included in bankruptcy', even if you did not list them on your creditor matrix, you probably will not succeed in disputing it, but you can try.


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