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If a chapter 13 bankruptcy has not been discharged can a creditor be added?
Wiki User
∙ 12y ago
The bankruptcy is not discharged, the debts are. A creditor can be added if the plan is not too far along or if you have the excess income to pay whatever the creditors are being paid (percent of debt) for the balance of the plan. If it is a post-filing debt, it cannot be added.
Wiki User
∙ 12y ago
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Can debts be added to a discharge bankruptcy chapter13?
Yes, Your debts can be added to a discharged bakruptcy.Bankruptcy can be very useful and effective in resolving financial problems in certain issues.
What if your car got reposed and you filed bankruptcy do i have to pay storage charges to the repo company?
Typically, when a car is reposed the financing company is responsible for all fees incurred in repossessing your vehicle. If you added the reposed vehicle in your bankruptcy and it was discharged with your other debts, you owe nothing to the bank or any of its' subcontractors. It is the financing company's responsibility only to pay its clients. If the repo. company is harassing you for the storage charges they are out of line. They must seek restitution from the financing company only. If they continue to call and pursue, call your local attorney general and state government banking association to file a complaint against the repo company and the bank. After a bankruptcy is discharged it is illegal for a creditor to call you for any financial restitution of a federally discharged debt.
Can you be added to a credit card as an authorized user during bankruptcy?
I seriously doubt it ! A credit check on your name would flag up that you're in the throes of bankruptcy - and thus are a very high risk !
Can I move if I have 16 percent intertest in a house that I inheritate while filing chapter 7?
Filing a Chapter 7 does not prevent you from moving. You have to notify all the creditors, the trustee and the court of the change of address, by motion (see local rules for any specifics or consult a local bankruptcy lawyer).The inheritance will have to be added to the assets listed in Schedule A, with the value of the 16 percent equity, again by motion with copies to all the above.I recommend using a lawyer to do it right.
How does bankruptcy affect rates on loans?
It may make it difficult to get low or reasonable interest rates and there will likely be added stipulations as to extra fees and penalties.
Do you have to list recently accrued debt after filing bankruptcy?
Debts incurred after a bankruptcy is filed cannot be added to the BK and therefore would not be discharged. Any debts not discharged in a bankruptcy are subject to collection by any means available to the creditor under the laws of the state where the debtor resides,
Your personal bankruptcy was filed in 2000 can your name be added to a CD account?
If your bankruptcy was "discharged" in 2000, then yes. Discharged means it is done! If you are still in a chapter 13 bankruptcy, still paying the trustee--then no. If the trustee finds out about the CD, it will cause lot of problems.
Can debts be added to a discharge bankruptcy chapter13?
Yes, Your debts can be added to a discharged bakruptcy.Bankruptcy can be very useful and effective in resolving financial problems in certain issues.
What if your car got reposed and you filed bankruptcy do i have to pay storage charges to the repo company?
Typically, when a car is reposed the financing company is responsible for all fees incurred in repossessing your vehicle. If you added the reposed vehicle in your bankruptcy and it was discharged with your other debts, you owe nothing to the bank or any of its' subcontractors. It is the financing company's responsibility only to pay its clients. If the repo. company is harassing you for the storage charges they are out of line. They must seek restitution from the financing company only. If they continue to call and pursue, call your local attorney general and state government banking association to file a complaint against the repo company and the bank. After a bankruptcy is discharged it is illegal for a creditor to call you for any financial restitution of a federally discharged debt.
If inder chapter 13 and a new bill from current is going for a law suit can it be added to the chapter 13?
Question is unclear but - any debts which you incurred before bankruptcy filing but were not presented until AFTER your bankruptcy petition is accepted, are subject to the bankruptcy. HOWEVER - after the bankruptcy has been filed, you may NOT go out and incur NEW debt. Any newly incurred debt will NOT be protected by the bankruptcy shield.
If chapter 7 has been discharged and you find some debts not listed on creditor's list can they be added later?
No debts can be added after discharge. I disagree with Nate. As long as the debts that were missed were incurred prior to the original filing date of the Chapter 7, then the debtor can reopen the bankruptcy case (the Court charges a $155 reopen fee as of today's date) plus the debtor will probably have to pay their attorney additional fees to do the work. Once the case is reopened, the debtor then amends his or her Schedule F (the Court currently charges $26 for added creditors) and adds on the missed creditors. It should be noted that this does NOT work in Chapter 13 cases. Creditors missed in Chapter 13 cases are normally never discharged. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
How does a creditor do a motion of stay to be added to an individual bankruptcy?
All creditors are given notice of whenever a BK is filed. They have the option of filing to block the Bk proceedure for any debt owed them if they believe the debtor is able to pay. Usually this is done by a secured creditor.
Can school loan debt be added after bankruptcy hearing?
yes, but unless you can show that youre basically permanently disabled, it will be next to impossible to have the school loan discharged. (assumes a federally insured loan)
Can a civil judgment be discharged in chapter 7 bankruptcy?
Most civil judgments can be discharged in BK. With the exception of those that involve debts not allowed to be discharged. Such as child support, some taxes, personal injury due to negligence, and a few others.
If a Chapter 7 has been discharged can anything be added to the original bankruptcy?
Debts which are retained in a Chapter 7 case are normally retained in one of two ways: (1) the debtor simply keeps paying the debt, keeps the collateral (such as a house or a car) and the creditor keeps accepting the money without any additional documents being signed by the debtor or creditor, or (2) the debtor formally "reaffirms" the debt by signing a "reaffirmation agreement," also signed by the creditor, which is filed with the Court. A reaffirmation agreement puts the debtor back on the hook for the debt since it waives the debtor's discharge on the debt. Debts which are reaffirmed during a Chapter 7 case can be "rescinded" (i.e. canceled) by the debtor providing notice to the creditor that they are rescinding the reaffirmation agreement PRIOR TO to the Discharge date or within 60 days after the reaffirmation agreement is filed with the Court, whichever is later. It is best to ensure that the notice to the creditor is in writing, and is preferably sent to the creditor by certified mail, return receipt requested, so the debtor can prove that the creditor received notice of the cancelation prior to the deadline. If one keeps a house or other debt in bankruptcy and then decides they don't want it, if the debt was not reaffirmed then the person can probably give the collateral back to the bank and walk away (see your lawyer). If one formally reaffirmed the debt, then one can normally rescind the agreement if the Discharge has not yet been granted or if it has not been 60 days from when the reaffirmation agreement was filed with the Court (again, see your lawyer). But, if the debt was formally reaffirmed and the deadline to rescind has expired, then the debtor will no longer be protected by the bankruptcy and will therefore probably still be liable on the debt (see your lawyer). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Can a bill be added to chapter 7 before the discharge?
No, only debts that existed before the BK filing are discharged. You cannot continue to accrue debt while in BK and expect to discharge that as well.
Chapter 13 Bankruptcy filed october 2008 will owe 2500.00 for 2008 in federal tax can this be added?
Probably...at least the amount relative to income made PRIOR to the filing.
