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A bankruptcy can be closed or dismissed. It cannot be "discharged." The debtor is discharged from having to pay any dischargeable bills. If the 13 was successfully completed, and the debt was listed as an unsecured debt if the unsecured creditors were paid something under the plan, it might not have been discharged. Many third party debt collection law firms and agencies are trying to collect discharged debts in violation of the permanent stay. It is illegal.

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โˆ™ 2008-12-21 18:13:49
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Q: If a chap 13 bankruptcy is discharged and a bill is left unpaid can third party collections attempt to collect on it?
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Related Questions

How credit union collect bankruptcy loan that discharged?

If a loan from a credit union has been discharged in bankruptcy court, that credit union cannot collect and must write the loan off.

How do you collect a Civil Court judgment if the defendant declared bankruptcy?

If the debt was discharged in bankrupcy, you are permanently barred form attempting to collect the debt.

Can creditors continue to accumulate fees and interest after bankruptcy?

Not if they were discharged. they can say you owe whatever they want but they can't collect.

Should the balance of a creditor you filed chapter 7 on show zero on your credit report after it has been discharged?

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.

Can second mortgage lien holder foreclose on your home after bankruptcy is closed?

The short answer is yes they can because once the bankruptcy is discharged you no longer are protected for debtors who wish to collect on a debt.

What does it mean to have a bankruptcy discharged?

It means that your debts have been discharged. Although you "technically" still owe those debts, creditors can't take any legal measures to collect those debts.

Can a judgment be dismissed if you file for bankruptcy?

To get technical, a bankruptcy does not "dismiss" a judgment. However, the end result is the same- a bankruptcy will "discharge" the debtors responsibility to pay the judgment which makes unenforceable - uncollectible. It is against Federal law to try and collect funds that have been discharged in bankruptcy. Prior to the discharge in a bankruptcy, and IMMEDIATELY after the filing of your bankruptcy petition, an "automatic stay" by the court is put in place to freeze all collections actions against you. There are several exceptions which include certain taxes, student loans and fraud.

Bancruptcy discharge mean?

A discharge prohibits creditors whose debts were discharged from collecting them or trying to collect them. Any such attempt is a violation of the discharge order and the creditor can be held in contempt. This also applies to anyone who buys a discharged debt and tries to collect it.

Can you stop a creditor from selling your account once you have filed bankruptcy?

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.

Can a discharged utility debt become a collection after bankruptcy?

A utility company may not collect any debt that was discharged in a Chapter 7/13 bankruptcy. The discharge injunction, in most cases, prevents a creditor (including a utility company) from collecting a debt that was discharged. However, the utility company can, and often does, require a security deposit before resuming utility services.

How do you remove a tax lien?

Tax liens will only be removed after they have been paid, been discharged through bankruptcy or the time to collect (statutes) have expired.

Can a debt collector still collect your debt if you file chapter 13?

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.

Can you repay a relative after bankruptcy even if the indebtedness to them was discharged?

You can voluntarily repay any creditor whose debt was discharged. Do not enter into a payment plan, or make regular payments, or you may reinstate the debt.Bankruptcy only prevents the creditor from taking any action to collect the debt. It does not prevent you from paying.

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.

What happens if the motion for relief from a stay is denied?

Bankruptcy protection remains in place and the creditor who was denied the stay will remain a part of the bankruptcy and cannot attempt to collect the debt owed.

Can a collection Agency collect a debt after a chapter 7 in Tennessee if it was accidentally omitted?

Any debt that was omitted from the Chapter 7 can be collected after the discharge of the bankruptcy. If the bankruptcy has not been discharged, you may sitll be able to add it to the list of debts. If however the stay has been lifted (the bankrutcy is discharged) then there is no protections and you are vulnerable.

Can my attorney's fees be placed on my bankruptcy?

Bankruptcy attorneys will collect all money due to them prior to them filing the bankruptcy case in court because uncollected fees will be discharged. If you're talking about unpaid attorney's fees for other legal matters, they will be discharged, unless the attorney has had you sign a lien on real estate or other collateral which has been perfected as required by state law.

Can file bankruptcy stop creditor from collect debt?

Depends on the debt type. Federal loans, mortgage, auto loans, among other specific ones, can not be discharged and thus can continue to attempt to collect. A bankruptcy might delay it for a short time. In general, the answer is yes. Once a bankruptcy has been files, it will (should) stop the collectors from either calling or visiting you. Sometimes you have to show them proof of that. If they continue you may (again MAY) file a lawsuit against them. Every case is specific so there is not an universal answer. Hope this helps.

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.

If i didn't list a creditor on your bankruptcy can they still collect there debt?

If it was an unsecured debt, and you did not intend to omit it for some reason that would constitute fraud, it was discharged. If a debt collector is trying to collect it, see a bankruptcy lawyer or a lawyer who handles debt collection defense. You can file for contempt in the bankruptcy court. You may also have rights under state consumer protection laws.

How does bankruptcy affect student loan wage garnishment?

Government insured student loans are exempt from the Bk process. They must be paid. However, they will not collect money from you until the bankruptcy is dismissed or discharged, but it will still accrue interest during that time.

If in a chapter 13 can judgment be filed?

Not by one of the creditors. You have an Automatic Stay, which means that they cannot attempt to collect a debt outside the bankruptcy plan.

A wireless phone carrier refused service due to an unpaid balance that was legally discharged in bankruptcy Can they do that?

Sure. They have a right to refuse service if they choose. But the caveat was "unless I paid the balance" so it sounds like they're trying to collect on a balance that was discharged which is not legal.

How can you collect debt after bankruptcy?

As a creditor? The debt doesn't exist anymore, so you have nothing to collect (presuming it was in the BK and discharged). You can't collect it and it is illegal to try....if you believe fraud was committed or such in thr BK (like he hid assets that could have been used to pay you), bring it to the Court.

How far back can legal services go back on a past debt?

Unless the debt was 'discharged' by the court in a bankruptcy action, there is no limitation on how far back they can go in order to try to collect it.