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If you received inheritance after bankruptcy can a creditor with a secured promissory note go after it in a chapter 13 case which was filed back in November 2007?
Wiki User
∙ 14y ago
If you receive an inheritance within 180 days after filing bankruptcy, it becomes the property of the bankruptcy estate and the Chapter 7 trustee can distribute the proceeds for the benefit of creditors.
Wiki User
∙ 18y ago
Wiki User
∙ 16y agoIt probably depends on the timing. If the debt was completely charged off prior to the death of your friend/relative, you should be okay. Check with the attorney who is handling the estate prior to taking your distribution.
Wiki User
∙ 14y agoThe creditor can only raise the issue of your failing to turn over the asset to the estate, possibly increasing the dividend (amount of distribution) to the unsecured creditors. If he was in fact secured, he should have been paid as part of the plan. If the case was closed after completion of the plan, it can be reopened.
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After bankruptcy you got inheritance can a creditor with a secured promissory note go after the inheritance?
No exactly. If you inherit any money within 180 days after you filed the bankruptcy, it will become property the estate. The creditors cannot go fater it, but the trustee can force you to turn over the inherited assets. See section 545 of the bankruptcy code.
Can a creditor take from inheritance never filed for bankruptcy but wasn't paying because only income was social security?
yes
If you have signed a promissory note with a five-year repayment term and you file for bankruptcy will you be protected from repayment of the debt?
Unless you committed fraud, the answer under most circumstances, yes. If you pledged any collateral as security for the loan, the creditor's lien on the collateral would survive. The creditor would have 60 days after the meeting of creditors to file an action objecting to your discharge. If the creditor took no action, the debt on the promissory note would be discharged.
How do you add a creditor to a bankruptcy after you have filed?
Check with your bankruptcy lawyer.
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.
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 person files bankruptcy and it is discharged and closed it does not they can still take the inheritance to pay back creditors?
Once the debt is discharged, a creditor cannot reinstate it, even if you win the lottery.
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.
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.
What has the author Arnold B Cohen written?
Arnold B. Cohen has written: 'Guide to secured lending transactions' -- subject(s): Forms, Law and legislation, Loans, Security (Law) 'Bankruptcy, secured transactions, and other debtor-creditor matters' -- subject(s): Bankruptcy, Debtor and creditor, Security (Law) 'Debtor-creditor relations under the Bankruptcy Act of 1978' 'Teaching notes to accompany book 2 of Debtor-creditor relations under the Bankruptcy Act of 1978' -- subject(s): Cases, Debtor and creditor 'Bankruptcy, article 9, and creditors' remedies' -- subject(s): Bankruptcy, Cases, Debtor and creditor
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.
