Top Answer
User Avatar
Wiki User
Answered 2007-02-25 22:57:58

This happens fairly regularly, so making a nice letter, saying basically : Dear Creditor, On X date I filed bankruptcy in Y court, case number Z. The case was properly handled with all creditors having the ability to be heard. The courts determination resulted in the discharge of the debt you have just notified me about. As the debt no longer exists, this notice is in error. Please correct your records and confirm doing so by return mail. I have provided a copy of the closing papers for the afformentioned case. Make a couple of sets and send them out as needed. Certified mail is always a safe precaution. The first thing you should do is make certain the debt that you have been notified of was actually discharged in the bankruptcy. If that is the case, it is not the responsibility of the person to prove to the creditor of the discharge of the bankruptcy as the creditor would have been notified and any attempt to collect is not legal nor valid. If the petitioner chooses to notify the creditor all he or she needs to do is give the court docket number, the BK case number and the discharge date. Bankruptcy action is a matter of public record and quite easily confirmed by anyone who wishes the information. If the debt was discharged and the creditor continues contact, the petitioner should notify the office of the attorney general in the state in which he or she resides.

User Avatar

Your Answer


Still have questions?

Related Questions

When do you know your bankruptcy is finale?

You will receive a notice directly from the bankruptcy court closing your case.

If you filed chapter 7 bankruptcy in 2003 when is it discharged and when will it come off your credit records?

The bankruptcy is not discharged. Your debt obligation is discharged. The discharge notice usually is mailed to you about 6 weeks after the 341 meeting. The filing of bankruptcy will stay on your credit report for 10 years from the date of filing.

Will a closed credit card account receive notice of a bankruptcy filing?

Only those creditors you list on your bankruptcy schedules / creditor matrix (list) will receive actual notice.

When will your bankruptcy be discharged after filing chapter 7?

Short Answer: Approx 90 days Detailed Answer: Once you file Chapter 7 Bankruptcy, you will receive a notice to attend a 341 Creditors Meeting which is scheduled approx 30 days after you file. If there has been no issues with your Chapter 7 case and no requests from the Trustee for further documentation you will receive, in approx 60 days after your 341 creditors meeting, a "Notice of Discharge" from the Bankruptcy court.

How could you receive a discharge notice for child support if child support is not dischargeable?

Child support is not dischargeable in bankruptcy. It may be discharged for a number of other reasons: child deceased; child emancipated, etc.

Does wage garnishment stop the day you file Bankruptcy?

It should, but only for as long as the bankruptcy is active, and only so long as the debt is listed after the bankruptcy is discharged. More accurately, the garnishment must stop when the plantiff in the judgment has received notice that there is a bankruptcy.

How do creditors find out you filed bankruptcy?

Creditor receive a notice from your BK from the BK court.

Does the IRS get involved in bankruptcy?

If federal income or other taxes are listed as debts to be discharged, the IRS may send a representative to the 341 meeting to question the debtor about the listings, or if the debtor does not list debts owed to the IRS, a representative may be sent o ask the debtor about the omissions. Tax debts must be listed even if the debtor has a payment agreement with the IRS. The bankruptcy court will send a notice of the bankruptcy filing to the IRS and state DOR even if the debtor has not listed any debt owed to them.

How do you find if you are listed as a creditor in chapter 7 filling?

You will receive, directly from the bankruptcy court, a notice of filing and information on filing your claim with the court. If you believe a person has filed bankruptcy, and you know the person' s address, you can check with the clerk of the bankruptcy court. The bankruptcy court one files in is determined by the county within which the debtor resides.

While filing bankruptcy is your current bank notified?

Only your creditors should receive the bankruptcy notice. A careless petition preparer could have names and addresses on the list that do not belong there. If you don't owe your bank any money, they should not be on the list.

Can you file bankrutpcy chapter 7 if you never made any payments to the creditor?

You can file under those circumstances. The problem is that the creditor can bring a motion objecting to the discharge of this particular debt based on fraud. Basically the motion would say that you didn't intend to make the payment and that the debt should not be discharged. Whether such a motion is brought probably depends on how much the debt in question is. Once a motion is brought, it is up to the judge to decide whether he thinks you committed fraud. If he agrees with the creditor, then he will grant the motion and the debt in question survives any subsequent discharge you may receive. The creditor has a deadline of when they can file such a motion (this date is listed on your bankruptcy notice). If a motion, is filed after this date (typically about three months after your filing) it is no good and the debt would be discharged. It is possible to negotiate with a creditor who brings such a motion to basically pay back the a percentage of the debt over some period of time. If the bankruptcy trustee thinks you committed bankruptcy fraud then he will bring a motion to dismiss your whole case for bankruptcy fraud.

How do you find out when my chapter 7 was discharged?

You and your lawyer should have received a notice and copy of the discharge order. If you changed your address without notifying the court of the change, and left no forwarding address, you will not receive it. You can call the clerk's office or go to the clerk's office and ask. Your lawyer (or any bankruptcy lawyer in the area) can access the court's computer records to download a copy of the discharge order.

Can you be deported if child support payments are not paid?

they usually give u a notice after the payment date. they usually give u a notice after the payment date.

What is bankruptcy notice and bankruptcy petition?

The bankruptcy petition is the document filed with the court that includes all your debt, assets, creditors and debtors, as well as personal information. Preparing this takes time and expertise, so consult a local attorney. The lawyers at Allied Bankruptcy are here to assist you in this, call 1 (800) 988-0422 The Bankruptcy Notice is what is sent out to everyone listed in the petition.

Who must get a bankruptcy notice?

Everyone that may have an interest or reason to know.

What is a notice of bankruptcy and stay?

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."

When a bankruptcy notice is received in the office it is beneficial to?

send a statement to the patient's employer

What is a notice of rescission in regards to auto insurance?

A rescission, is a rescind. That means they have voided whatever the notice referred too. You'll have to read the notice for further details to determine what was rescinded. A notice of rescission is often sent to the insured when a late payment has been processed where the insurer has already sent out a notice of cancellation for non payment. If the payment was received after the due date and accepted after the cancel notice was issued, The insurance company may send a notice of rescission and continuation of coverage, Basically they are cancelling the cancellation, meaning that you are not cancelled.

Is it fishy if your bankruptcy was filed on Friday morning and the next Wednesday your car disappeared in the early morning?

Not necessarily. Depending on the work load of the bankruptcy court, it might be up to a week between the time you file your bankruptcy and the time your creditors receive notice in the mail. It is possible that the lender repossesed the vehicle or it may have been stolen. Contact the lender right away to make sure they know about the bankruptcy and that you were protected by the automatic stay and report the car as stolen.

What are the procedures for automobile repossession on a personal loan?

You'll receive a notice if you fail to make payment, and they will come pick up your car. If what you owe is more than the car is worth, you will owe the difference.

What is the number of the notice provided by the court notifying a company that their debtor has filed bankruptcy?


Am preparing to file chapter 7 but cannot find out what to do with IRS debt know it cannot be discharged but should still list it and then try to make arrangements to pay IRS after bankruptcy?

Talk with your bankruptcy attorney. Also, make an appointment with a councelor at your local IRS Field Office. Take all information you have received to date from IRS. It is much better to talk to a local agent face-to-face than try to deal with IRS over the phone. Yes, list it. Even if it cannot be discharged, you still want it listed so that the IRS is given notice that you have entered bankruptcy. I would NOT recommend telling the IRS you are going into bankruptcy. If they know you are about to go into bankruptcy, they will file a tax lien (and if you don't already have one, then you don't want one). The court will notify them once you have filed your petition as long as you list them as a creditor.

When can you sell your car after filing for bankruptcy?

What kind of bankruptcy? 7? 13? If your bankruptcy case is still open, you cannot sell without notice to the trustee and a motion to sell. If you exempted the car, the proceeds may not be exempt. Check with your lawyer or a bankruptcy lawyer in your state.

If a credit card company has already set a court date against you can you still file bankruptcy?

Absolutely, you can send the notice of bankruptcy filing to the court and you will not have to attend.

Can an original creditor collect a debt not listed in a discharged chapeter 7 bankruptcy?

It gets a little complicated...but only a little. If you weren't listed...which you were supposed to be...and the debtor swore to the court that they provided truthful and accurate info on all known creditors (as well as income items)...then they may have committed a fraud and can now face criminal problems too. (Makes collection that much easier). Certainly, if you can show that they knew or should have known of their debt to you and still didn't list you to provide fair notice...his new problems and that your debt wasn't discharged and is still collectible are likely. If you were listed, or the debtor can show there was some basis for not listing you, and hence you didn't receive notice of the requirement to file a claim...and depending on how all the public notices requirements to provide everyone concerned a chance to hear about and file their claim were followed, your debt may still be considered discharged.