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If you file a bankruptcy petition does that change the status of a debt on a judgment to the creditor?
Wiki User
∙ 12y ago
A judgment is final and does not change. The creditor was awarded and filing bankruptcy is a different issue. Also state laws vary. A petition in bankruptcy lists the debtor's assets, liabilities, and debts so that a realistic arrangement for the payment of creditors can be devised.
Wiki User
∙ 12y ago
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What happens if a creditor garnishes after filing bankruptcy?
I assume you mean after YOU filed bankruptcy (the creditor's filing bankruptcy doesn't affect your garnishment, except maybe to change who's "garnisheeing"--NOT "garnishing"--your wages). If so, contact your attorney so he/she can bring the creditor into court for violating the automatic stay.
How do you get a change of jurisdiction from AK to WA for a parenting plan modification?
You will need to file a petition to enroll a foreign judgment.
Can a creditor sell your account after filing bankruptcy?
Sure...it doesn't change the rights of the creditor...or your obligations as a dedtor...the buyer probably paid very little and is hoping your BK will pay the debt off at a higher amount. Basically, a creditor may sell his rights at any time....it is does not change your obligation under the loan at all. To clarify, it does not mean the new creditor can disregard the bankruptcy and any bar on collection activities that may be in force just because they just bought the debt. They only get the rights to what you would have paid the original creditor in the bankruptcy - they "step into the shoes" of the one they bought from.
Can a creditor who has repossessed property before the bankruptcy court date win any judgments the creditor says that they filed the day before us on a repossession?
Obviously, the repossession isn't the issue, even you agree it happened before you filed for protection. Hence it must be a deficiency amount they want?. (The property wasn't sold for an amount to clear the debt). What difference does it make. A judgment doesn't change how much or what you owe. You owe the amount. It may effect what category of claim they have under the BK, but really, that too makes little difference to you. You would want that to be a pre-petition thing anyway, and clear it through the BK action. They will be barred from doing much to enforce the judgment, if they get one, any other way by your BK.
If the wrong address was submitted on your Chapter 7 bankruptcy papers do you have any recourse?
File a change of address with the clerk of the court where you originally filed the petition
If a creditor seeks a judgment for wage garnishmentin New York State and the debtor is currently in a program to negotiate or pay back the debt should the debtor appeal the judgment?
Do you disagree that you owe the debt? If so, then try to appeal and prove you don't owe it. If you do owe it, and your trying to pay it, that arrangement is what the program your in (or company your working with) should be doing/handling with the creditor...who now has or wants a judgment. The judgment doesn't change the debt. That this is happening may cause you to question what the program your in is actually doing. have them prove to you they have made arrangements with your creditors and find out why this one doesn't find it adequate... The above may be different if the program is part of a formal Chap. 13 bankruptcy. However, the result is the same...you'll pay the debt...judgment or not.
Can a bank double the amount of a judgment?
The bank, as judgment creditor, cannot change the principle judgment amount. They can, however, add attorney fees and interest as allowed by the law of your state. Contact a lawyer or legal services firm in your area for specific info on your state's laws.
How can a citizen change the law?
They can petition the appropriate legislature.
Can you refuse to pay a judgment if the firm filing it is in Chapter 11 bankruptcy?
No...THEIR bankruptcy may change THEIR obligations on THEIR debts...it doesn't change yours, in any way, shape or form....except that now the federal court wants to make sure anything the Co is owed is paid so it can give it to the creditors.
How do you get a judgment lien on a bank account?
Yes. The law in all US states does not allow multiple judgment actions by a single creditor but it does allow consecutive acts of judgment by multiple judgment creditors. For example a wage garnishment or bank account levy is possible by one creditor, seizure and sale of non exempt property by a different judgment creditor, and so forth, however, one creditor cannot execute a judgment by using concurrent methods . Liens are the exception, there can be multiple liens against real property at the same time, with the liens being prioritized according to the date they were filed. Joint bank accounts in the majority of US states are subject to levy by a creditor judgment. The exception being a few states that allow a bank account to be held by a married couple as Tenancy By The Entirety where only one spouse is the debtor.
Can you modify a visitation order?
Yes. You can file a petition for modification if there has been a change in circumstances.Yes. You can file a petition for modification if there has been a change in circumstances.Yes. You can file a petition for modification if there has been a change in circumstances.Yes. You can file a petition for modification if there has been a change in circumstances.
If you have exempt income should you apply for bankruptcy?
Exempt from what? From levy for debt? The creditors can still go after assets, like a house or car, and they can get a judgment good for 20 years or 10 years, renewable for 10, depending on your state law. And they can bring you into court periodically to verify that you're still judgment proof. If you are low income, you may qualify for a filing fee waiver and be able to get a lawyer to waive the legal fee. At least you will not have to worry about a creditor taking advantage of a change in your circumstances.
