0
Is a creditor allowed to collect on a debt discharged in bankruptcy filed thirteen years ago?
Wiki User
∙ 16y ago
Absolutely not. That debt is null and void.
First, make sure that debt was actually included on your bankruptcy filing, and was discharged properly.
Second, send the debt collector a copy of the bankruptcy filing, and tell them to get lost.
If they persist beyond this point, they are in contempt of the bankruptcy court filing. They are also violating state and federal laws by pursuing a debt that has no legal standing.
File complaints with your local state attorney general's office, and think about suing them under the Fair Debt Collection Practices Act.
Wiki User
∙ 16y ago
Add your answer:
Earn +20 pts
Can a repossesion company get a boat after bankruptcy has been filed on it?
The creditor can repossess the boat, after it files a motion for relief from stay that is allowed or you have agreed to surrender the boat to the creditor. The repo company is only acting as an agent for the creditor.You do not file bankruptcy "on" anything. You file bankruptcy to have your debts discharged if they are dischargeable. If you have intentionally omitted other creditors, your petition or discharge could be denied.
What should you do if a creditor continues to call your job after you have filed for a chapter 13?
If the creditor is a participant in the chapter 13 then they should have received notification from the bankruptcy court. The bankruptcy petitioner should notify the trustee that the creditor is in error. If the creditor is not a participant, they can continue to contact the debtor until they are notified in writing to "cease and desist".AnswerSend the creditor a written letter stated they are to cease contacting you by phone immediately and Amy only contact you through written correspondence. This is allowed by the Fair Debt Collections Act, a federal law. That should at least get you started.
What happens when a chapter 7 bankruptcy is discharged?
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case. A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts that are in the nature of alimony, maintenance, or support; c. Debts for most student loans; d. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; e. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated; f. Some debts which were not properly listed by the debtor; g. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; h. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts.
In a bankruptcy what does it mean if a creditor filed a motion to release because you got behind on your mortgage?
The lender is requesting to be removed from the bankruptcy procedure. If the request is granted the lender can foreclose on the property or take whatever action is allowed under the laws of the state where the property is located.
Can a creditor be excluded from a debtor who filed chapter 11 and wishes to continue to purchase goods and can the goods sold prior to the chapter 11 filing be excluded?
Such decisions as a rule are left to the bankruptcy court. Generally such action is not allowed as it would be viewed as favoritism to one creditor.
You were an authorized user on your mothers account not a card holder and after her bankruptcy a collection agency is harassing you?
If you are an authorized user then it is not your debt but your mother's debt. Your mother's bankruptcy discharged (wiped out) the debt in question. The collection agency is not allowed to collect from you as, again, it is not your debt. This would not be the case if you were a joint debtor with your mother.
Can you bankrupt on a government student loan?
These are not allowed to be discharged.
Is a creditor allowed to garnish your V A Disability check?
No.
What if I owe 20000 for my chapter 13 bankruptcy can you offer a settled amount?
Offers or compromises in good faith are virtually always allowed in any financial dealings...but that does not mean they will be acceptable. Obviously, the creditor has to think it's good for them too.
What legal action can be taken in the state of Texas for charge off debt?
The creditor/lender can file a lawsuit in the appropriate court of the debtor's state. If the creditor wins the suit a judgment will be entered against the debtor. A judgment can be executed against the debtor's nonexempt property/assets including jointly owned marital property and assets, as Texas is a CP state. The state does not allow wage garnishment for creditor judgments but it does allow bank levy, seizure and liquidation of nonexempt property and liens against real property (a forced sale of a primary residence is not allowed). The exemptions that are allowed in bankruptcy are the same ones available to the debtor when defending property against a judgment creditor. In addition, the debtor may be able to use federal non-bankruptcy exemptions to further protect personal and real property from creditor attachment.
After the bankruptcy is discharged can creditors that were included and discharged continue reposesion efforts on peviously secured property?
No. If they do, report them immediately to your bankruptcy court and your state attorney general's office. You probably have grounds for a lawsuit against them for their illegal activities as well. Well, not so fast. The question is rather murky and I suspect not correctly descriptive. Loan secured by a property would have only been discharged, if actually part off the BK, by the sale of the property to satisfy the loan, or paying it off with other monies (which is unlikely). The loan would NOT just be discharged leaving the debtor the property free and clear. I suspect the property was in fact awarded to the creditor in the BK, and repossession, (which can mean just getting the physical possession after ownership is granted), is certainly allowed. Or alternatively (but unlikely), the property and the loan went through the BK uneffected...in which case if the payments aren't made, the property is clearly allowed to be taken. Again, under no instance would the court discharge the loan (have the lender receive nothing) and give the ownership of the property (say the house) to the bankrupt debtor, who didn't pay his obligations to the lender, free and clear.
If a collection agency freezes your bank account and on the next day you file for bankruptcy can they still freeze your money?
A collection agency, or any party, can only freeze your bank account IF they have sued your first and won a judgment against you. If you file for bankruptcy, it will not immediately release the levy on the account. The court that rendered the judgment must be notified of the bankruptcy filing, as well as the judgment creditor. The account could remain frozen until the outcome of your bankruptcy. If your bankruptcy, and the judgment debt is discharged, then the bank account must be released. It is possible to release a levy before discharge, but it will usually require the bankruptcy attorney to do it.
