Bankruptcy Law

What happen if you file bankruptcy and have not been discharged and buy a car and have it finance?

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2014-04-15 10:32:11
2014-04-15 10:32:11

If you file bankruptcy and you have not been discharged the car that you buy can be used to finance it.

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Your bankruptcy case has been completed and it is now finished! discharged!


No. No, As you a bankrupt. It may still be difficult after you have been discharged as you may not have a credit history


A bankruptcy is not discharged. Debts are discharged. An adversarial action can be filed if the case has not been closed, or if closed, reopened.


A bankruptcy is not discharged. Debts are discharged. Real estate taxes are a lien on the real estate and would not usually be discharged. Talk to your bankruptcy layer.


Call the attorney or company that handled your bankruptcy.



The question is NOT whether taxes are dischargeable in a bankruptcy. The question that has been asked is whether the IRS can still pursue you for taxes that were discharged in a bankruptcy (which would obviously confirm that some taxes are dischargeable in specific circumstances).If your taxes were discharged in a bankruptcy, the IRS cannot come after you for those taxes after the bankruptcy has been discharged. If they are doing so, they probably did not enter them as discharged correctly on their computer system.To correct this, you should call IRS collections and explain to them that the taxes should have been discharged in your bankruptcy. Ask them to send a referral to the IRS Insolvency Unit, and the Insolvency Unit will be able to pull the bankruptcy records and confirm what should have been discharged.Note that any liens that were filed before the bankruptcy will survive the discharge process. So, although the IRS debt has been discharged a lien may continue to exist. This lien only attaches to equity that was exempted in the bankruptcy process (so if you had $20,000 of equity in your home that you exempted under bankruptcy homestead exemption, the lien continues to attach to that equity). It does NOT attach to any equity that builds in your assets after the filing of your bankruptcy petition.


If a loan from a credit union has been discharged in bankruptcy court, that credit union cannot collect and must write the loan off.


Discharged Bankruptcy normally means that it was a successful bankruptcy and the debt slate is now clean. But if your bankruptcy has been dismissed by the court you can file to have it reinstated. An experienced bankruptcy attorney can help you file to reinstate your dismissed bankruptcy case. You must include the reason the case was dismissed, why it failed and how it will be better if the case is reinstated.


The case, that you asked for, has been completed and resolved.



Discharged indicates the bankruptcy has been found valid and the debts that were allowed to be included in the BK have been expunged, (discharged and closed are two different matters). Dismissed means for some reason(s) the bankruptcy filing was not considered valid and the BK petitioner's debts will remain collectible by whatever means the creditor chooses including a lawsuit.


Any foreclosure or bankruptcy affects your credit. And for anywhere from 7 -10 years.


Yes, as long as the bankruptcy has been discharged, your credit score is 580+, and you earn enough income to support the additional loan.



It won't affect the lender's lien position but their policy. Most lenders won't close the loan if the bankruptcy has not been discharged. If you have been given the discharged paper, you can give a copy of it to the lender and the title company so that they have it in their records.


Not after the bankruptcy has been discharged. If the person is participating in a chapter 13 bankruptcy they must have the permission of the trustee/court to engage in any major financial transactions.


You can relocate to another state after you have filed bankruptcy and it has been discharged. You have to remain in the state to go to your 341 meeting and to meet with your attorney.


I Have just been discharged from bankruptcy, does this legally mean that my possisions can not be touched and I am not liable anymore for the debt. I wont to know if my house is now safe ?


If you have checked your report from Equifax and a discharged bankruptcy is on there, you can simply write to them with the amendments and they are obliged to correct their report.


You do. You were in possession of the car. The car was registered to you. Until the car is sold, you are legally and financially responsible for it.


No, debts, liens, judgments incurred after a bankruptcy has been filed cannot be included and therefore cannot be discharged in the BK proceedings.AnswerI was informed that if you had included this creditor in your bankruptcy, which was discharged, the creditor should have stoped all actions towards obtaining a judgment against you. I believe this judgment can be discharged by filing a discharge request with the court administrator and only then removed from the credit report. However, if you did not list this creditor on your bankruptcy, then it will prevail. Call the court administrator.


Any debt that was omitted from the Chapter 7 can be collected after the discharge of the bankruptcy. If the bankruptcy has not been discharged, you may sitll be able to add it to the list of debts. If however the stay has been lifted (the bankrutcy is discharged) then there is no protections and you are vulnerable.


Tax liens will only be removed after they have been paid, been discharged through bankruptcy or the time to collect (statutes) have expired.


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.



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