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Other than living with the actions of the court, not really. The one big exception could be if you could substantiate some malfeasance or misrepresentation by the debtor to the court. I'm presuming you mean by "discharge" the end or resolution of the BK case. Clearly, the time to explore and act on the options you would have is BEFORE the case is ended.
Wiki User
∙ 16y ago
Wiki User
∙ 13y agoCreditors whose debts have been discharged may not pursue further debt collection. Make sure that the debt was discharged. If the debt was discharged send a certified letter to the creditor and enclose your "Discharge of Debtor" paperwork you received from the U.S. Bankruptcy Court.
Sample Letter:
Name of Company
Street Address
City, State, Zip
RE: YOUR NAME + Account Number
Date
To Whom It May Concern:
I've been contacted by Creator's NAME X times by letter and X times by phone. As you are well aware, this debt was discharged on MONTH, DAY, YEAR by the United States Bankruptcy Court. My bankruptcy case number is XXX.
This letter is intended to notify you to immediately cease all communication with me, any member of my family, relatives, neighbors or employers pursuant to 11 USC § 524. If collection efforts continue I will pursue my legal rights, including bringing a lawsuit against COMPANY NAME for harassment.
Sincerely,
Your Name
Your Street Address
City, State, Zip
Enclosed: Discharge of Debtor
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How can you get out of a lease besides bankruptcy?
Negotiate a resolution. (Which is even done in BK...they landlord like any creditor gets something for the discharge of the obligation).
How do creditors report your bankruptcy discharge?
The creditor reports to the credit reporting bureau(s) they belong to that the debt has been listed in a bankruptcy in which a discharge has been granted. Strictly speaking, any debt that a creditor does not challenge in timely fashion is probably discharged, unless the debtor has committed fraud during the bankruptcy. The court does not specifically determine that a debt is discharged unless an adversarial action involving the discharge of that debt has been heard and a decision by the court has been made.
How can creditors size a tax refund check one year after filing chapter 7 bankruptcy?
The answer depends on who the creditor is and the status of the debt. If the debt was a student loan or other non-dischargable debt, then your tax refund can be taken. If the debt WAS discharged, ANY collection action of any kind on a discharged debt is a violation of the permanent injunction of the discharge and therefore illegal. If the creditor was not included on the creditor matrix, then informing them of the bankruptcy and discharge of the debt may be all that is necessary to have the refund returned to you. In other cases it may be necessary to file a Motion for Contempt against the creditor in bankruptcy court. This would require the re-opening of the bankruptcy.
What is the consequence to the debtor if you are an unnamed creditor in a Chapter 7 and should be?
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.
Can a creditor take you to arbitration after your bankruptcy has been discharged?
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.
Is an unsecured non priority still a debt owed?
It is owed until it is discharged in bankruptcy or paid, either in full or as a settlement. Technically, the debt is owed after discharge in bankruptcy, but the creditor or its agents and successors in interest are permanently enjoined from any collection activities.
Can you hold your passport after you get declared bankruptcy?
A bankruptcy filing or discharge in bankruptcy should not have any effect on your US passport.
Can a creditor apply bankruptcy for a 7500 amount?
Creditor don't apply for bankruptcy...debtors do. Bankruptcy is not for any particular item...it must be for everything you owe and everything you owe. All of the last is used to pay all of the first, and then any excess MAY be reduced or dissmissed.
Can an old creditor ask for money if you did not include them in a Bankruptcy?
Yes. If they were not included then the bankruptcy doesn't apply to any debt owed to them.
Can you discharge your car in bankruptcy?
You can't discharge a car or any other asset. You can only discharge a debt (money owed).
Is a discharge the same as a dismissal in chapter 13 bankruptcy?
No. If the bankruptcy is dismissed, it ended before it was completed, very likely before discharge, although sometimes and objection to discharge is filed after something happens to make the discharge voidable by the court (trustee finds unlisted assets, for example). A discharge is essentially a permanent restraining order prohibiting any creditor from trying to collect a debt from the debtor, unless specifically exempted (child support arrears, some taxes, student loans, etc.).
If you are filing Chapter 7 bankruptcy which creditors should you pay first?
There are debts that are not dischargeable in BK. Federal and State taxes. Child support and/or alimony. Student loans. Personal injury judgments, etc. A BK discharge does not mean debts are no longer owed. It prevents the creditor(s) from attempting to collect. After discharge, a consumer can choose to pay any creditor, without reassuming the debt as a whole.
