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If someone filed bankruptcy back in 1999 and a creditor was not listed were they included in the bankruptcy?
Wiki User
∙ 16y ago
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.
Wiki User
∙ 16y ago
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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 you are not listed as creditor on chapter 11 bankruptcy?
File a proof of claim
Can discharged items that were included in a bankruptcy be listed as discharged in bankruptcy on your credit report?
Yes, discharged debts are generally noted as "included in bankruptcy" on a CR.
What can you do if a credit card was not listed in your bankruptcy but was on your credit report and credit card co did a review for credit line increase and saw the bankruptcy and notated the account?
That depends on HOW they notated the account. If they marked it as 'included in bankruptcy', even if you did not list them on your creditor matrix, you probably will not succeed in disputing it, but you can try.
If an account was included in bankruptcy can the creditor still show it as a charge off?
I think that your credit report would be updated to show that the account was "included in a Ch 7 bankruptcy." You should be able to get a free credit report from www.annualcreditreport.com if you want to check your credit report to be sure the account's status is listed correctly.
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.
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.
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.
When should a landlord be listed as a creditor when filing for bankruptcy?
If you owe your landlord a lot of bank rent, they could be listed as a creditor. However, it might not be a good idea as the landlord may be more prone to evict you if they haven't gotten their money.
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 creditor sell a repossessed vehicle they have had in their possession if the debtor files bankruptcy?
Possession is 9/10th of the law. Not if the vehicle qualified to be listed in the bankruptcy filing. In which case no action pertaining to the vehicle can be taken until the bankruptcy proceedings are finished.
Does bankruptcy cover your debt from being sued by an auto insurance company?
It may, I would make sure they are listed as a creditor upon filing.
