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IF its filed properly,NO. Why not ask your B/K attorney this question??? That's what you pay them for.

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โˆ™ 2011-09-12 21:51:50
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Q: If you file Chapter 7 Bankruptcy can the lien holder on a car already repossessed that you are making payments on still collect?
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Related Questions

Can a person file Chapter 7 bankruptcy if their spouse already has?

Yes, you can.


Can furniture be repossessed if payment has not been made in 6 months but you start back making payments?

Yes, furniture can be repossessed if you start making payments again after 6 months, especially if the missed payments are not caught up. The creditor can refuse the payment if court proceedings are already in progress.


Can I change the payment plan after I have already filed Chapter 13?

Many people struggle with keeping up with the strict payment plans that go along with the chapter 13 bankruptcy. Typically when you cannot keep up with your payments you should talk to the court and also consider the possibility of switching to Chapter 7.


When a bankruptcy case is dismissed for missed payments what happens to the money already paid into the plans?

If the court has already confirmed the chapter 13 plan then the money already paid is distributed to the creditors. Basically, since the case was not discharged, you still owe the debt, so you made payments towards the debt while in bankruptcy. If the plan was not yet confirmed by the court, the money is returned to the debtor by the trustee save for a small amount for the trustee's expenses (trustee would ask for this in his motion to dismiss). Money would not be distributed to creditors by the trustee until after the proposed chapter 13 plan is confirmed.


Do you list a car that has already been repossessed on your bankruptcy schedule?

Yes. Look under the Statement of Financial Affiars. There is a section for repos/foreclosure/garnishment.


If you have already filed chapter 7 and it was discharged can you file chapter 7 bankruptcy again?

Yes, you can file a new chapter 7 after 8 years from the date of filing the previous chapter 7.


Does the landlord need to know when you file chapter 7?

Not necessarily if you are already in a lease and making your rent payments on time. It is, however, not hard to find out if a person has filed for bankruptcy if your landlord runs your credit or checks because it is a public record.


Chapter 7 discharged bankrupcya cousin is now trying to take you to court for money that you borrowed a year before you filed for bankruptcy are you protected under the bankruptcy?

If you included it in your bankruptcy, you're protected by the discharge. If you didn't and you're already discharged from Chapter 7, you may not be protected. I suggest you discuss this with your bankruptcy lawyer.


Can you ask for a voluntary dismissal if your chapter 13 trustee has already asked for a dismissal for missed payments?

yes.


After your repossessed car is auctioned how long do you have to pay off what you still owe?

BAD news. They have already tried to let you make payments. This time they will want ALL of it.


What is the difference between a normal boat and a repossessed boat?

A repossessed boat is a boat that the bank or company has taken back from you because you neglected or were unable to make payments to legally own the boat. A normal boat would be a boat that's owned by a person who's either making the payments on time or already has it paid off.


Can you lease a car in chapter 13 bankruptcy without getting permission from the trustee?

You will need permission from the trustee before doing anything financial while in chapter 13 bankruptcy. You will have already signed paperwork agreeing to full disclosure with your trustee when you filed.


How often can you file bankruptcy?

Believe its every 7 years...You can file as many as you want. But if ever you filed already bankruptcy once then you should wait like 7-8years to file bankruptcy again. It depends on the chapter you are filing.


If you filed for ch-7 bankruptcy in November of 2002 when can you refile for ch-7?

Generally, you cannot be discharged of debt under Chapter 7 if you received a Chapter 7 or Chapter 11 discharge within the six years before the filing of this petition or if you received a Chapter 12 or Chapter 13 discharge in a case that paid less than 70% to the unsecured creditors and was filed in the six years before the filing of this petition. These restrictions do not apply to a previous Chapter 13 bankruptcy. If you wish to file for chapter 13 bankruptcy however, the court lets you do that one time automatically after already filing for chapter 7 bankruptcy.


Repo then bankruptcy can you get the car back?

Interestingly, in some states, under certain circumstances, yes. However, if the car has already been sold by the ones that repossessed it, (which is very commonly the case), then there is no way.


If in a chapter 13 bankruptcy and money is owed on taxes can that debt be added to the bankruptcy?

Yes. In fact, if they're preexisting the taxes should be there already; they're usually considered a "priority" claim. (You can add later taxes, such as property taxes billed after filing, to a Chapter 13 case as well.)


How do I convert chapter 13 bankruptcy to chapter 7 myself What should be included in the motion to convert letter?

The debtor (or the debtor's attorney) can do this with a simple filing - usually an "Ex Parte Motion to Convert Chapter 13 to a Chapter 7." Providing the debtor's bankruptcy has not previously been converted already, the debtor/debtor attorney can do this without the permission or advance permission of either the bankruptcy judge or the Chapter 13 trustee that is managing the bankruptcy up until that point (hence, the "Ex Parte" part of the document). There are notice requirements - check with your local bankruptcy district to see who this needs to be mailed out to. Also, there is usually a small fee involved (it usually involves the debtor paying the difference in cost between a Chapter 13 and a Chapter 7 filing, but may be different - again, check with your local bankruptcy court). The debtor will be required to go through another 341 creditor's meeting with the new Chapter 7 trustee.


Can you include your home in a bankruptcy after the bankruptcy has already been discharged?

No.


If you already have 1 car repossessed does having a 2nd repossessed hurt your credit even more?

yes


Which damages your credit rating more chapter 7 or chapter 13?

If you have to file bankruptcy, your credit has already been seriously damaged by your credit history. Any form of bankruptcy will help. Chapter 7 will help the quickest, since everything happens, if filed properly, within 6 months. Chapter 13s can last up to 5 years, and most fail before the plan is completed.


Can you get your truck back after it has already been repossessed if you file Chapter 13 in Michigan?

No, you cannot. If you declare any kind of bankruptcy, the bank knows hey are likely going to have to loose a percentage of their investment and will immediately auction off the collateral to the highest possible bidder to apply the proceeds to as much of the loan as possible so they can get the rest back through trustee payments, if at all possible. Nice thought, but sorry no go. A friend of mine had a similar theory, but banks have to look out for their loan collection.


Can you file a chapter 7 bankruptcy 7 years after a previous chapter 7?

No you can not do it, as you have already filed under chapter 7 once before you have to clear up first. Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.


How can you stop your check from being garnished for student loans or lower the payments?

If you have a wage garnishment against you, this probably means that the lender already sued you and has a judgment. Sometimes you can file a "claim of exemption" with the court and ask the judge to lower the amount of the garnishment if you are having trouble meeting your basic needs such as food, shelter and clothing. You can also negotiate directly with the creditor or creditor's attorney. Filing for Chapter 7 bankruptcy would temporarily stop the garnishment under the automatic stay, but the garnishment could resume when the bankruptcy is over. Chapter 7 takes about 3.5 months to complete. Student loans are VERY difficult to discharge in bankruptcy. You might be eligible for a Chapter 13 bankruptcy, which is a court-ordered repayment plan of 3-5 years. You MIGHT have a better chance getting rid of the student loan in a Chapter 13.


Can you file chapter 13 bankruptcy after filing chapter 7 bankruptcy only 6 years ago in California?

Bankruptcy is a FEDERAL case, the state has little difference.....Under the bankruptcy laws effective from October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago.The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.That's only a very small part of an answer to your question...there are other ways that may be able to assist you with what's currently going on with your finances that would do less damage to your credit rating. You should do some research. I'm sure you already know how tough it is to improve your rating when you're coming out of a bankruptcy situation.


How long does a discharged Bankruptcy stay on your record if you filed in 2003 in California?

Unfortunately, filing for bankruptcy has a major negative effect on your credit, which as you probably already know can effect a lot of your future money issues. Bankruptcy, whether chapter 7 or chapter 13 stays on your credit report for at least 7-10 years after filing and just because it is off does not mean that your score will automatically increase-that is something you have to work for!