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.
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.
Yes, but the creditor must be familiar with the rules. There is a specific time after an estate is filed during which a creditor can make a claim. You must file proof of your claim at the probate court where the estate was filed. If you follow the rules, your claim will be paid prior to any distribution of estate assets to the beneficiaries.
A Chapter 7 can be filed with an open Chapter 13.
If a creditor files a motion for relief from stay in any bankruptcy proceeding, the papers should be served on the debtor's attorney of record.
It probably means that the creditor is not willing to accept the terms of the 13 filing. Therefore the crediotr will seek to recover the property that is secured for the amount owed and any deficit, fees incurred. Such as repossesion and resale of a vehicle.
Send a letter of "cease and desist". This will not keep a creditor from filing lawsuit to recover the debt. It will only prevent them from contacting the debtor except to inform the debtor that a suit is being filed.
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.
If the credit card was included in the Chapter 7, nothing happens. The account will be closed by the creditor and the amount owed including any accrued interest is wiped out.
Check with your bankruptcy lawyer.
Yes
Yes.
if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009