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How do you get an old creditor who was not listed on a chapter 13 bankruptcy to stop bothering you?
Wiki User
∙ 18y ago
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.
Wiki User
∙ 18y ago
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If you are not listed as creditor on chapter 11 bankruptcy?
File a proof of claim
If an account was not listed on the creditor's list of a chapter 7 is it still dischargable under 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.
Is it legal for a creditor to make inquiries even after the account has been discharged from bankruptcy for over a year?
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.
Are all debts automatically discharge in chapter 7 bankruptcy for a bankruptcy that occurred in 1988?
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.
How do you find if you are listed as a creditor in chapter 7 filling?
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.
Where do you list judgments in chapter 7 bankruptcy?
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).
How can you prove that a judgment has been discharged in a bankruptcy?
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.
Can you keep your vehicles that are listed in a Chapter 13 bankruptcy if you choose to cancel the bankruptcy?
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.
Is a debt discharged if it was not listed on the schedule F on a no asset chapter 7 bankruptcy?
No
If someone filed bankruptcy back in 1999 and a creditor was not listed were they included in the bankruptcy?
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.
Can your ex come after you for a loan that he had to pay since you filed bankruptcy?
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.
Is your HELOC exempt during the filing of chapter 7?
No, its a creditor and must be listed in your BK petition.
