This is a good question to ask your B/K attorney for state specific and case specific advice.
Not at all,once fou file for bankruptcy all of your debts will go away and any garnishments (except back taxes)will stop, back taxes you owe are not accepted on a bankruptcy case,the rest is ok.
Files a "proof of claim" with the court.
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.
No. Bankruptcy discharge does not mean the money isn't owed. It means that creditors cannot attempt to collect it. The money will always be owed. Accounts included in bankruptcy will stay on the cr marked included in bankruptcy, for the full seven years.
Bankruptcy protection remains in place and the creditor who was denied the stay will remain a part of the bankruptcy and cannot attempt to collect the debt owed.
If that particular creditor was included in your chapter 13 plan and you completed your plan and received a discharge, that creditor may not thereafter collect. However, certain debts will not be discharged and those creditors may still collect (IRS, tax debts, fraud judgemnts, spousal/child support, etc.).
Not likely. They can come to collect if you have a balance but sue you why?
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.
In order to collect a follow up outstanding accounts within designated timelines you will need to contact the debtors. You can reach out to them by phone calls to attempt to collect the outstanding accounts or send mail notifying the debtor of the balance that is owed.
When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."
Yes, if you still owed a balance at the time the account was closed. Just because a company closes an account does not mean that any balances that are owed to them disappear. If your account was closed and there was still a balance outstanding and you did not pay that balance, the company has every right to collect the balance and any interest outstanding.
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.
You can voluntarily repay any creditor whose debt was discharged. Do not enter into a payment plan, or make regular payments, or you may reinstate the debt.Bankruptcy only prevents the creditor from taking any action to collect the debt. It does not prevent you from paying.
With FEW exceptions, YES. that is the lenders usual option to collect.
it was that if the creditor had not tried to collect within 7 years it was expired
Yes. It doesn't matter how much the account balance is, it only matters if the creditor can collect the money owed after wining a lawsuit
Any creditor not included in a bankruptcy discharge retains the right to continue attempting to collect a debt. That would include using legal remedy in the form of a lawsuit against the debtor.
No, the court discharge of the debt means it no longer exists! The filing of the bankruptcy prohibited every creditor from taking any action to collect (other than those required to the bankruptcy court). Of course, you had to handle your BK properly, and list all your creditors and all your assets, etc....if not you have lied to the court and they don't look at that too well.
If it was an unsecured debt, and you did not intend to omit it for some reason that would constitute fraud, it was discharged. If a debt collector is trying to collect it, see a bankruptcy lawyer or a lawyer who handles debt collection defense. You can file for contempt in the bankruptcy court. You may also have rights under state consumer protection laws.
An outstanding judgment is a court order that gives a creditor the legal right to collect from a debtor. As court judgments are a matter of public record, a creditor can report the judgment on the debtor's credit reports. An example of a judgment placed on a credit report would be a judgment for eviction. This judgment will remain on the credit report for seven years from the filing date.
they usually call on it for six months then sell it to another collection agency. more then likely thell call for atleast a year
As a creditor? The debt doesn't exist anymore, so you have nothing to collect (presuming it was in the BK and discharged). You can't collect it and it is illegal to try....if you believe fraud was committed or such in thr BK (like he hid assets that could have been used to pay you), bring it to the Court.
No. The co-signer is no longer responsbile for any part of the loan. If you default, the creditor can not attempt to collect from them.
If they send you a lien satisfaction then it's yours.
If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.
More than likely. Three years is not long enough for an SOL to expire. What probably happened was, the account was bought from the creditor, which is common practice. The BK of the original creditor, has no relevancy if the debt was sold.