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What should you do if you receive a payment notice two years after your bankruptcy has been discharged?
Wiki User
∙ 17y ago
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.
Wiki User
∙ 17y ago
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How do you know when your chapter 13 bankruptcy is over?
You will receive a letter that your bankruptcy is discharged. You can also call the bankruptcy court or the trustee and find out if it is final.
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.
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.
You filed in 2002 for chapter 7 when will it be discharged?
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.
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.
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.
When a notice of completion is filed how many days is payment due?
i believe it is due upon delivery of said notice. I include my payment with the notice.
When filing for bankruptcy chapter 7 can one include a creditor one has not paid yet?
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.
