Karen, it is possible to do so legally. You should ask your B/K attorney if it was legal the way it was done. S/he is in a btter position to know ALL the facts. Within days of filing the BK, your finance company should have received notice that you filed for BK protection. If they wanted the vehicle, they should have filed a Motion to Lift the Automatic Stay. It is up to the BK court to grant or deny the Lift of the Automatic Stay. If they didn't, then they cannot legally repossess the vehicle. If they did, they have every right to repossess the vehicle. Consult your attorney immediately.
You will have to satisfy your creditors without the protection of the court.
If neither the lender or the repossession company is notified that you have filed, and they proceed in good faith, your car can be repossessed. If either knowingly violated the stay, you may be able to redeem the vehicle, and the bankruptcy court may fine the agencies who acted in violation.
They can be changed by the Court.
No property can be sold, transferred, refinanced, etc. while in bankruptcy without the permission of the bankruptcy court.
Federal Bankruptcy Court hears bankruptcy cases.
Not without the approval of the court
It all depends on the proceedings in the bankruptcy court, the amount of assets to be re-organized or liquidated, what kind of bankruptcy, and the kind of stock you are talking about. No one can effectively answer this question without more specifics from you.
If you are not going to reafirm the loan, in other words- keep and pay for the car, then yes the bank will want the car back. Usually they will try to get the car back shortly after your 1st court date when the court has oked your petition to go thru bankruptcy.
Yes. The federal court system has exclusive jurisdiction over bankruptcy cases; they are heard in US Bankruptcy Court.
An administrator or executor of the estate needs to be appointed and file an appearance in the bankruptcy court. The case can continue to discharge of debts of the deceased. Get an experienced bankruptcy lawyer if there no attorney of record.
The bankruptcy court will deal with ALL your assets.
Bankruptcy can be filed at the Bankruptcy court for the area you are in. For instance in Northern Florida, it's the Florida Northern District Bankruptcy Court.
In a FEDERAL Bankruptcy court
Bankruptcy Court is filed in Federal District Court, however, exemptions claimed are state regulated.
Yes you can sale your home but the bankruptcy court will take the proceeds from the sale and disburse them to your creditors that you owe. No, everything except your selected exempt property belongs to the bankruptcy estate, as of the moment you file, and it can only be sold by the bankruptcy trustee, with permission of the court, to satisfy your debts in an orderly fashion.
When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."
No you can not file bankruptcy on anything that is court ordered.CAN YOU FILE BANKRUPTCY ON RESTITUTION?
Unless there is a lien on the property, they are required to obtain permission from the Bankruptcy court and get in line. Bankruptcy court has authority over all other civil courts. Contact your bankruptcy lawyer for advisement.
Most taxes are not discharged in bankruptcy.If the amount of your tax liabilities is not clear, the bankruptcy court cam decide how much you owe; you need not go to tax court for that.
No. The lawyer does.
You can find it from the court where you filed your bankruptcy.
To be considered bankrupt, a court has to issue a bankruptcy order against you. One can apply to the court for bankruptcy if they are unable to pay their debts.