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.
The judgment would have to be presented to the bankruptcy court. Wow! Who mentioned bankruptcy? This is a money judgment against a admin dissolved corp. If bankruptcy had been filed the judgment, if listed, would be discharged and worthless. Read More
If a lender is already in bankruptcy can they still file a deficiency judgment against you in the state of Florida?
Unclear whether the deficiency would be filed by the lender or by the trustee of the bankruptcy estate. Read More
a deficiency judgment should be discharged in a chapter 7 bankruptcy. You should file after you receive the judgment.Im pretty sure this debt would be classified as a unsecured debt.Also, I could be wrong but if you have already filed a bankruptcy then the lender foreclosed and there is a deficiency , the bankruptcy would prove you were insolvent.I think you only have 90 days after you first file.Again I could be wrong. a deficiency… Read More
How can a civil judgment be placed after bankruptcy Mortgage included in bankruptcy and after discharge bank filed civil judgment for amount of mortgage Can they do thid?
Assuming a Chapter 7 was filed, if you did not surrender the property to the bank, the bank would file for relief from stay and be able to pursue foreclosure. If you surrendered the property, the mortgage balance was discharged and the bank was in violation of the automatic stay. A notice of the bankruptcy should have been filed with the court the bank sued you in. You cannot ignore legal procedures taken against you… Read More
Can a collector who bought your account from the creditor be awarded a lawsuit judgment if the debt was included in your bankruptcy?
There is something amiss here, a debt that is discharged in bankruptcy is no longer collectible. Therefore a lawsuit could not be filed and won nor a judgment awarded to the plaintiff pertaining to such a debt. The involved party should contact the attorney that handled the bankruptcy and have the judgment voided if it is indeed invalid. It would be advisable to acertain if the debt was discharged rather than excluded from the bankruptcy… Read More
When answering a deficiency judgment complaint can you also ask for dismissal of the case based on personal insolvency?
Insolvency is not a defense to a complaint for a foreclosure deficiency. If you have filed bankruptcy and the debt was discharged, that would be a defense. Read More
I am going into a bankruptcy in app 1 month the bank wants to reposses the car if I surrender the car before the bankruptcy is filed will it show up as a repo or go under the bankruptcy?
It will show up as both. If the bank auctions off the car, they may come after you for a deficiency judgment. Any chance of them coming after you would be taken care of in the bankruptcy. Read More
If one files for bankruptcy in the United States, you do not have to prove that you are, and you do not have to be insolvent. Therefore, you are bankruptcy in a legal sense if you filed for bankruptcy. If you want to prove that you are NOT bankrupt all you have to show is that you have not filed for bankruptcy. If you meant insolvent, rather than bankruptcy, to prove that you are not… Read More
No, however the person's bankruptcy would be a contributing factor if the couple applied for joint credit such as a morgage. Read More
I would need more information about the type of business and if the judgment was separate from your personal debt. Typically, a judgment is classified as a nondischargeable debt in bankruptcy proceedings and will remain with you until you pay it and including during the process. Read More
You were going to file bankruptcy but did not. However it is on your credit report anyhow What can you do We never met a judge never filed anything?
Why "however?" Obviously, you can do one of three things: 1. pay the judgment, interest, etc.; 2. negotiate a settlement with the judgment creditor;, and 3. file bankruptcy. The judgment will stay on your credit report for at least 10 years (20 in some states, and renewable in others for an additional 10 years). The bankruptcy would have been on your report for 10 years from the date of filing. Go ahead, believe the corporate… Read More
They would legitimately be entitled to be a party to the settlement but would need to apply to the bankruptcy administrator for consideration in this instance. Read More
yes but that would be stealing unless you paid for it Read More
Can you declare bankruptcy on a judgment for a car accident and if so would you be able to get a license again if it was revoked as a result of the judgment?
No, judgments awarded due to personal injury or property damage are not dischargeable under bankruptcy law. Read More
Would our judgment awarded by courts prior to defendants chapter 13 bankruptcy take precedent to the assets before the assets are taken in the bankruptcy?
No. Read More
Which state's statute of limitations applies if you do not live in the state where the judgment is filed?
The SOL where the judgment is filed would be the one used. However, when a the debtor moves to another state the usual procedure is to file an abstract judgment against property that the debtor now owns in the new state. There are a few cases where a transfer of judgment is not allowed. The deciding factor would be how the judgment is to be executed and the type of litigation it is in conjunction… Read More
Chanel West Coast has never been arrested. Recently, she has filed for bankruptcy. The bankruptcy would be the only reason she has been in court. Read More
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. Read More
The question is what kind of judgment. If it is a judgment lien on property you would have to specficially have the Court void the lien. Mere discharge does not eliminate a valid lien. If you didn't own real property at the time of bankruptcy, generally, a judgment lien cannot attach post-filing. There is no need to eliminate this lien because it is void. Read More
I would like to know the answer to that as well They owe our company lot of money, and we cannot locate them. I understand wine.com has filed a suit against them. Read More
Maybe. It also depends on a lot of other factors, but if you would have been able to get that same job before you'd filed for bankruptcy and there would not have been any other factors preventing you from getting the job, then you should be able to...also depending on the reason bankruptcy was filed in the first place. All those factors are taken into consideration. Read More
If you filed bankruptcy in Dec of 2004 can you get your refund that has already been taken for 2002?
No, the IRS will get to keep it. And, even if you could get it back, the bankruptcy trustee would probably take it to distribute to your creditors. Read More
Yes. Though the amount has to be quite large. For example: A $10,000 debt would not be a proper amount of money to be considered filed for bankruptcy. Read More
No. Foreclosure is a specific action that would be filed in a county court. Filing a Chapter 7 bankruptcy would give the mortgage lender the right to file the foreclosure after the bankruptcy case is closed, unless you reaffirm the mortgage debt with the lender. Read More
Yes, you can settle, make payments, file bankruptcy or move to a state that the DMV does not recognize the judgment. Many states are creating legislation to block their states from a national DMV. Bankruptcy is not good for the judgment holder since they would see nothing as far as money, so settling is in your favor. Also bankruptcy will muck up your credit for years. Read More
Ten years from the date of the discharge, not the date of the filing. Read More
Yes you can. There is no legal base for a Bank to fire you for filing bankruptcy..... Filing bankruptcy is not a crime..... I even know people that got hired to work at the Bank after they had filed Chapter 13. I had to file chapter 13 after my divorce and got a raise couple months later at the bank. Not because I filed bankruptcy or because they would have felt sorry for me about… Read More
Neither. Both of your stated options are bad. Read More
You will need to see what kind of deal you can make with the bank if any. I do not understand how you filed bankruptcy on a bank. If you had a mortgage, it is usually the property and not normally covered by bankruptcy especially if it is your primary residence but it is subject to foreclosure. Back rent could be covered by bankruptcy. Still, that would change the terms of a lease and probably… Read More
A bankruptcy (either 13 or 7) is filed by a person and is to include ALL debts, not a particular contract. You should speak with a bankruptcy lawyer to find out if you qualify and what debts would be discharged or reorganized under a bankruptcy. Read More
If the judgment was based upon a debt that would be discharged under a Chapter 7 bankruptcy, yes. Read More
If someone filed Chapter 7 Bankruptcy and wanted to repay some of the debts listed in full would that bring their credit with those creditors into good standing on their credit report?
No-the accounts have been discharged in bankruptcy. Read More
Can a creditor file an adversarial claim in bankruptcy court in a personal 7 bankruptcy for something that they contend occurred during a business bankruptcy 2 years previous. No claim was filed then.?
No, a creditor is required to file a claim if seeking payment, otherwise that claim is considered waived. So in this case. if there was no claim, then it was waived and the debt discharged. But even if it was filed, it would have been discharged in the business BK. Read More
I am trying to figure this out myself as I have recently filed bankruptcy and both my husband and I are students. There is a portion of the bankruptcy code that makes it illegal for government agencies to refuse student loans to those who have filed bankruptcy. So, as far as getting Title IV funding, such as government backed loans, you should still be able to get them. Title IV loans are not granted based… Read More
If there is a judgment and a garnishment allowed by the court this could happen. However, this barely ever is approved for unsecured debt. Most people would file bankruptcy before they allowed their wages to be garnished. Read More
Can someone add a debt onto their bankruptcy even though the debt occurred after they had filed for Chapter 7?
No, this is considered a post-petition debt. It would not be covered by the bankruptcy, you would legally owe this debt. Bankruptcy only covers charges up to the filing date. Not the meeting date,not the discharge date and not the closing date. Read More
When you co-sign on a loan or mortgage for someone, you are promising to make the loan payments if they can't. When someone files for bankruptcy, they are claiming that they cannot make their payments. It would stand to reason that if someone you co-signed on a mortgage for files for bankruptcy that you would then be liable for making the payments. Read More
A summary judgment is just as enforceable as any other judgment. The only difference between a summary judgment and a judgment after a trial is that a summary judgment is granted when the court believes that a trial is unnecessary. A trial would be unnecessary if the facts of the case are either undisputed or conclusively established. Once that is shown, then the court can grant a summary judgment after a proper motion is filed. Read More
I filed for bankruptcy in 2001now I need a cosigner for my new apartment will the cosigner know about the bankruptcycan the bankruptcy creditors link the cosigner to me damage their credit?
I am in the same boat due to illness and I am looking for a co-signer so I can rent an apt. The bankruptcy has been discharged per the court, and it is hard to rent an apartment sometimes with a co-singer. Everyone has different rules. I believe if you filed a bankruptcy, then had a co-signer, it would have no effect on them, only what you do after they co-sign Read More
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, Read More
The answer to this really depends on the nature of the property and how it is held (i.e. tenants in common, joint tenancy). You can file for bankruptcy for your personal debts. If the ownership debt is easily severable then it is likely that you would be able to file for bankruptcy and include the property as well. Read More
If you settled out of court on a small claims and then the defendant filed bankruptcy can you still get your money?
No. There are a few exceptions to discharge, so you would have to ask a bankruptcy attorney regarding your specific facts, but probably not in a small claims case that was settled. Read More
The creditor would have problems enforcing a lien if the debt was included in the bankruptcy. If they were paid off, investigate further. If they were not included, then the lien may be valid. Read More
Yes- but you would need the court's permission to sell the property- since it would be considered part of the bk estate. Read More
That would depend on whether or not it was insured by a non-profit. Read More
You filed your bankruptcy and a couple of days later you received a garnishment letter can you get the garnished wages back?
To start with you would receive a copy of the Garnishment Summons from the court at your last known address. You would need to advise your attorney so they can "Quash" (no not squash) the garnishment. If at that time your employer has taken any funds from your pay and either sent them directly to the judgment creditor or to the court, the attorney would then request/demand the funds be returned to you- the judgment… Read More
If you filed bankruptcy and one of the creditors had a lien on a car do you get the title back after the bankruptcy is final?
Normally, as a secured creditor he would get to repossess and sell the car to recover as much of what you owed. Or if you reaffirmed the debt, then the lien stays as does your obligation to pay. Read More
You can dispute a bankruptcy to the credit bureaus. This gives them 30 days to verify it with the courthouse that filed it or it must removed from your credit report. This would only be the bankruptcy, not the items included in bankruptcy. You would have to dispute them separately. Answer No, a bankruptcy cannot be removed if you actually had one and it was discharged. Rather, it will "time out" after a set number… Read More
I am not sure what you are asking, but here goes. If you file bankruptcy for yourself, it only applies to you. The debtors can, and probably will go after your ex. It happened to me already. Your ex can file bankruptcy on his own behalf, and be protected also. If you have a judgment against your ex, and he owes you, I do not think that you, filing bankruptcy would interfere. I am not… Read More
In California would the debtor who just filed bankruptcy be arrested for concealing the car on which he stopped making payments?
I don't know about California, but if you filed bankruptcy, you do have to answer to a Judge as to your actions, the non-payment, and/or concealment. The loan was secured by the car so if the Judge sees that the car is worth what is owed--you either reafirm and make payments or you give the car back. Read More