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If a chap 13 bankruptcy is discharged and a bill is left unpaid can third party collections attempt to collect on it?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y ago
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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.
What does a bankruptcy discharge mean?
A discharge is normally the final step saying "All your debts are discharged" ie: no one can collect on those debts anymore. It is what you were waiting for if you filed. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
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.
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.
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.
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 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.
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 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.
