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If you are in an active bankruptcy and your car gets wrongfully repossessed can you file suit against the creditor after they admit to making a mistake and returning the vehicle?
Wiki User
∙ 2006-04-14 21:33:20
Not really. if they gave the car back, well ok, if they kept the car you have investment in the car that you can use on your side. They are probably showing you who's the boss. Be nice to them and work with them.
Wiki User
∙ 2006-04-14 21:33:20
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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.
Can your car be repossessed after filing chapter 7 bankruptcy?
Yes, if the creditor first obtains relief from the automatic stay. This is accomplished by filing a motion and proving that you have not made payments on the vehicle.
How do you add a creditor to a bankruptcy after you have filed?
Check with your bankruptcy lawyer.
Is it possible for a creditor to take your monthly salary after filing bankruptcy?
No, unless the creditor gets relief from stay or the bankruptcy is dismisssed.
If a bankruptcy was discharged on an account that was sold to another lender and the original creditor is marking it as a charge off should it be marked as bankruptcy by the original creditor?
Yes, this debt should have been marked as a bankruptcy by the original creditor. It cannot be changed from a bankruptcy to a discharge unless the bankruptcy did not go through.
What is a stipulation in bankruptcy?
It's basically an agreement between the debtor and creditor on how the debtor is to pay the creditor that arises when debtor has filed bankruptcy.
When a car is repossessed in Minnesota what are the laws?
You will have to pay the balance due after the sale. A creditor who has a valid security interest in a vehicle may repossess the vehicle without notice to the debtor where the underlying debt, an installment contract, has been discharged in bankruptcy and the debtor has not reaffirmed the installment contract. O P I N I O N KLAPHAKE, Judge Rosalyn Rodgers appeals from summary judgment awarded to her creditor, respondent General Electric Capital Corporation (GE Capital), which repossessed a vehicle under the terms of a security agreement after Rodgers' discharge in bankruptcy. Rodgers claims that despite her bankruptcy discharge and her failure to reaffirm the installment contract post-bankruptcy, she was entitled to notice before the vehicle was repossessed. We disagree and affirm.
If your car has been repossessed and you have not yet filed bankruptcy can you still be eligible to get the car back after you file?
If the car is gone, the car is gone. The car would only be covered in BK if you still had it. If you file Chapter 13 bankruptcy within 10 days of your car being repossessed, or in some states before it has been sold or auctioned, your creditor must return the vehicle to you.
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 you file for chapter 7 bankruptcy and have the first meeting with the treasurer can you still add a creditor to the bankruptcy?
You should have no problems filing an amendment to add the creditor.
Can a tenant sue a landlord who is in bankruptcy?
Yes, if the tenant is not included in the Bankruptcy creditor list
In the state of Texas can a creditor put a lien against your home for a repossessed vehicle?
The answer is yes, if the creditor brings you to court on the matter.
