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It is still considered and asset and is subject to seizure by the trustee. If the money has already been spent the debtor will have to replace the funds. Or the debtor might be required to forfeit property that was previously considered exempt or risk having the BK dismissed with prejudice.

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Q: If a bankruptcy was filed in 2005 and the creditor meeting isn't until later in 2006 what would happen if their tax refund was spent before the creditor meeting?
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How do you get garnished wages back from employer after you file bankruptcy?

It's not going to happen. You owed money and that creditor went to court to get your employer to deduct what you owed them from your paycheck and send it to them. Your employer does not owe you a dime. They followed a court order. They had no choice. You went bankrupt AFTER the garnishment, so anything paid BEFORE the bankruptcy is water under the bridge. You cannot "get money back" on something that was paid before the bankruptcy. Since you went bankrupt, the garnishment should stop but you will not get any money "back".


How do you get a lien removed from a property deed if the debt was paid off in a chapter 13 bankruptcy?

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.


If your truck was included in your bankruptcy but it was not reaffirmed however you continued paying on it but you don't want it anymore can you just take it to your creditor and leave it?

If you quit making payments your creditor will reprocess it, the same thing will happen if you just take back to them yourself. Anyway you do this it will show on your credit report. The best thing would be to try and sell it or get someone to take over the payments. You can call the creditor and tell them you do not want it. As long as it was incldued in your bankruptcy and not reaffirmed they must take it back. It can only be marked on your credit report as discharged through bankruptcy not taken as a repo. I did this with my car. Yes, you can do that. You will have to pay a dime. It wll be listed as backruptcy, not a repo.


If there is more than one name on a judgment what would happen if you filed bankruptcy on it?

The other person becomes solely responsible, if one party has filed bankruptcy and is no longer responsible for it. If both parties file bankruptcy within a relatively short time of each other then neither of you will be responsible for the amount owed. * The exception would be if the judgment has been "perfected" as a lien against real property. In such a case the judgment creditor becomes a secured creditor and the judgment will not be dischargeable under bankrupcy law.


Your husband has had a stroke what happens to his bankruptcy?

I don't have a husband, so nothing will happen. If you are talking about your husband, you should talk to his lawyer. If you are talking about a friend, you should make sure the lawyer for the debtor/husband knows about the stroke. Depending on where the bankruptcy was at the time of the stroke, there may be little effect. If it was after the 341 meeting, unless there were issues raised that need attention, probably nothing will happen. If there were any unresolved issues, or the 341 meeting has not been held, his wife or any person familiar with his financial affairs may be allowd to testify in his behalf. Check with the bankruptcy trustee.


Can you file for bankruptcy on a foreclosed house?

You should, of course, consult with a local attorney. I can tell you from working in a trustees office that forecloses on property, you can file bankruptcy and the sale will be put on hold until resolution. Just because you file bankruptcy, however, doesn't mean your house is safe. The creditor can file a motion for relief telling how far behind you are and such. Most likely, there will be some kind of work out in the form of a consent order which outlines an agreement in which you are to become current and states what is to happen if you default on the agreement. Some have notice of default clauses that mean if you fall behind, the creditor has to file such with the court and give you a specified time to catch up. Some state that if you default on the agreement, there is automatic default and the creditor can proceed with foreclosure. In short, filing bankruptcy can delay the foreclosure, but ultimately, it's up to you to come current after filing or something will be done.


Will avis budget group file for bankruptcy?

It is likely to happen.


What happen to firm fail to sell its product?

They file for bankruptcy.


What can happen if you don't notify the trustee of inherited money after bankruptcy?

Nothing, or your bankruptcy discharge can be reversed, or you can be fined or sent to prison. It depends on how much you inherit and how long after the bankruptcy you inherited it.


What will happen if you do not proceed with your application for bankruptcy but paid the bankruptcy fee?

Fees paid to the court cannot be refunded under federal law.


What will happen to my 401k when filing bankruptcy?

These assets should not be effected at all.


What is the difference between general meeting and annual meeting?

As far as I can tell with the description you've given, A general meeting can happen at anytime, and on any subject, where an annual meeting will happen once a year, and will more than likely have a preplanned agenda. Of course a general meeting will have an agenda too