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What if a creditor files a lawsuit for a debt that has already been discharged in a bankruptcy?
Wiki User
∙ 14y ago
If it's a small-claims case, answer that the debt was discharged in bankruptcy and attach a copy of the discharge order. Otherwise, contact an attorney to either provide a similar answer *or* take the creditor to Federal court for violating the discharge.
Wiki User
∙ 14y ago
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How can you prove that a judgment has been discharged in a bankruptcy?
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.
Can a collector who bought your account from the creditor be awarded a lawsuit judgment if the debt was included in your bankruptcy?
There is something amiss here, a debt that is discharged in bankruptcy is no longer collectible. Therefore a lawsuit could not be filed and won nor a judgment awarded to the plaintiff pertaining to such a debt. The involved party should contact the attorney that handled the bankruptcy and have the judgment voided if it is indeed invalid. It would be advisable to acertain if the debt was discharged rather than excluded from the bankruptcy or perhaps sold previous to the filing of the petition.
Can a judge accept a complaint Adversary Action after a bankruptcy has been discharged?
No, a judge cannot accept a complaint for an Adversary Action once a bankruptcy has been discharged. Once a bankruptcy has been discharged, the case is typically considered closed and any further legal actions must be pursued in a separate lawsuit outside of the bankruptcy process.
Can a credit card company sue you if you file bankruptcy?
For filing bankruptcy? No. Filing for bankruptcy is not illegal and your right to do so cannot be waived by contract.For fraud? Yes, but the fraud would have to be proven.For the money you owe? Possibly, but pointless, since they are already a creditor and a successful lawsuit will only make them a creditor, which they were to begin with. It wouldn't even raise their standings in the priority of repayment from the bankruptcy discharge.
Can a lawsuit be filed against a creditor that has placed a lien on home bought after bankruptcy?
The creditor would have problems enforcing a lien if the debt was included in the bankruptcy. If they were paid off, investigate further. If they were not included, then the lien may be valid.
What do you do when a creditor in bankruptcy files an adversary proceeding?
An adversary is just a lawsuit. If you don't want the judge to rule against you you need to file an answer.
Can a civil lawsuit against someone that has filed bankruptcy?
If the defendant/debtor listed the plaintiff as a creditor in his or her bankruptcy, then the plaintiff probably cannot pursue a lawsuit against the defendant/debtor pursuant to 11 U.S.C. 362. If the defendant/debtor failed to list the plaintiff as a creditor in his or her bankruptcy, then the plaintiff may or may not be able to win a lawsuit based on whether the plaintiff had actual knowledge of the bankruptcy during the bankruptcy. In some cases, even if the plaintiff was listed as a creditor, some debts are non-dischargeable in bankruptcy so the plaintiff might still be able to prevail in a lawsuit (such as debts for alimony or child support, most student loans, etc.). It should also be noted that if the defendant/debtor failed to list the plaintiff in his or her bankruptcy, and even if the plaintiff had no idea about the bankruptcy until after it was over, debtors can still usually go back to the Bankruptcy Court and reopen their case and add the plaintiff as a creditor as long as the debt to the plaintiff was incurred prior to the date on which the bankruptcy petition was originally filed. [Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.]
Is pre-petiton lawsuit alleging fraud dischargeable in bankruptcy?
The allegation of fraud in a complaint in a lawsuit does not prevent the discharge of the underlying claim. The creditor would have to object to discharge in the bankruptcy court on the grounds of fraud and prove to the court's satisfaction that there was fraud of the kind that bars discharge
Is a debt past SOL and removed from your credit report considered legally satisfied?
No, a debt that is past the statute of limitations and removed from your credit report is not considered legally satisfied. The statute of limitations determines how long a creditor has to sue you for the debt, but it does not erase the debt itself. You still owe the debt, but the creditor may no longer have legal recourse to collect it through the court system.
Does chapter 7 protect from civil suit?
Depends on the nature of the civil suit. If its a simple debt collection lawsuit- a chpt. 7 can discharge the debt. If its a lawsuit seeking money damages due to fraud, then it might not be dischargeable if the creditor files a proof of claim.
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.
How would declaring bankruptcy affect your disability pension?
It shouldn't, SSD. RRD and private disability benefits would not be affected by BK and are exempt from attachment in creditor lawsuit judgments.
