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.
If there was a secured loan and you reaffirmed the debt in your chapter 7 and you have paid off the loan, you should get the title from the lender. If you surrendered the car to the lender in your chapter 7, your balance was discharged as an unsecured loan and you have not owned the car since you surrendered it.
If the debt was discharged in the BK the entry for the creditor should read as such. The entry itself will not be expunged until the required 7 years has expired.
If it is a no-asset chapter 7, and the company is listed as a creditor with a balance reasonably close to the actual balance as of the date of filing, the company has nothing to do other than taking the debt as a tax write-off.If it is an asset chapter 7 or a chapter 13, the company should file a proof of claim on the form required by the court withing the time period for filing POCs.
The charge offs will remain the required seven years and should be noted as included or discharged in bankruptcy.
It will remain on the report for the required length of time and should be marked "included in bankruptcy."
If the BK has not been discharged, you can ask to have it reopened and you filing amended to include the creditor. That will be expensive, though. If that isnot possible, then you owe the creditor the full amount of the debt, and should try to work out an agreement for repayment.
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.
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 there was a secured loan and you reaffirmed the debt in your chapter 7 and you have paid off the loan, you should get the title from the lender. If you surrendered the car to the lender in your chapter 7, your balance was discharged as an unsecured loan and you have not owned the car since you surrendered it.
You should have no problems filing an amendment to add the creditor.
If the debt was discharged in the BK the entry for the creditor should read as such. The entry itself will not be expunged until the required 7 years has expired.
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.
You should not get a 1099C if the deficiency was discharged in a bankruptcy. Otherwise, you should have gotten one by now.
Yes, you can have a civil judgment removed from your credit report if it was included and discharged in a bankruptcy, even if the judgment date is later than the bankruptcy discharge date. You may need to dispute the judgment with the credit reporting agencies and provide proof of the bankruptcy discharge to have it removed from your report.
If it is a no-asset chapter 7, and the company is listed as a creditor with a balance reasonably close to the actual balance as of the date of filing, the company has nothing to do other than taking the debt as a tax write-off.If it is an asset chapter 7 or a chapter 13, the company should file a proof of claim on the form required by the court withing the time period for filing POCs.
The debt should be identified as being in bankruptcy or discharged in bankruptcy. It will remain on the list for 7 years. The bankruptcy will remain on the report for 10 years.
The charge offs will remain the required seven years and should be noted as included or discharged in bankruptcy.