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The loan company can repossess any car that the payments are delinquent on. Your BK does not prevent repossession of your car.

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โˆ™ 2006-03-24 23:07:41
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Q: When filing for bankruptcy and including the car how long is it before the creditor collects the car and how does that work?
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Can you add a creditor to bankruptcy after you have filed your papers in court?

You can add creditors anytime before the discharge is entered.


How do you buy a house that is going to sheriff sale from the creditor before the sale?

Not possible if it is coming from bankruptcy court (it probably is)


If you have a credit card and use it just before filing bankruptcy can a creditor deny your bankruptcy?

If you are on the brink of bankruptcy... you probably can't get a credit card. Opps... didn't read that right. Sorry. I really don't know.


If you had a lien placed on your house 2 months before you filed bankruptcy and you filed bankruptcy on that creditor is the lien still valid?

All liens survive bankruptcy. You can get rid of the lien by "avoiding" it. Look up "Avoiding Liens" in google or findlaw.com for more info.


Can a creditor ask for purchased product as collateral in chapter 7 bankruptcy?

Yes. I foreclosed on a home and bought another one cash before being discharged from bankruptcy. I was told by the attorney that creditors can ask the courts and the court will confiscate your purchased product and sell for whatever amount and that amount will be given to the creditor(s).


Can a discharged utility debt become a collection after bankruptcy?

A utility company may not collect any debt that was discharged in a Chapter 7/13 bankruptcy. The discharge injunction, in most cases, prevents a creditor (including a utility company) from collecting a debt that was discharged. However, the utility company can, and often does, require a security deposit before resuming utility services.


Can a person in chapter 13 bankruptcy purchase a home while still in bankruptcy?

All major financial transactions including the purchase of sale of a home must be approved by the bankruptcy trustee before any action is taken.


Who gets paid last in a Chapter 13 Bankruptcy?

In a Chapter 13 Bankruptcy who gets paid last? Creditors, Trustee, their attorney or their lender? ALL ADMINISTRATIVE COSTS - TRUSTEE, ATTORNEY ARE PAID FIRST - BEFORE ANYTHING ELSE. The others sort of depend...a lender is a creditor...if a secured lender...probably before any other.


Do you have to get credit counseling before you can file for bankruptcy?

You do not have to necessarily get credit counseling before you can file for bankruptcy.


Can my ex-landlord collect unpaid rent during my bankruptcy I no longer live there discharge was July rent due was for June?

Not if you listed your landlord as a creditor on your bankruptcy petition and that there is excess property to pay your landlord after secured creditors and your exemptions. Unpaid rent is an unsecured debt. If a judgment lien is filed, you can avoid it if filed shortly before bankruptcy filing.


Can a debt be discharged in a no asset chapter 7 if it was incurred a few weeks before the filing?

For the most part yes. The only problem you could run into is if the creditor involved believes that you intentionally incurred the debt with the intention of then filing bankruptcy. If they can prove this the debt is determined to be bankruptcy fraud and nondischageable.


The sheriff has scheduled my home for a sale. Will filing bankruptcy chapter 7 stop this process?

generally filing for bankruptcy puts a stay on the collection of debts, including a foreclosure. get in touch with a bankruptcy atty asap, because there are things you are required to do before filing.


What is the preference period on bankruptcy?

A preference period is based on the relationship that a debtor has with a creditor. The debtor cannot transfer money to non-insider creditors during a 90 day period before filing for bankruptcy. The preference period for transfers made to insider creditors can be increased up to one year.


How do you get a lien removed from a property deed if the debt was paid off in a chapter 13 bankruptcy?

You must have the lien avoided in the bankruptcy court. This has to happen before the bankruptcy case is closed or you have to petition to have the case re-opened. LIENS SURVIVE BANKRUPTCY UNLESS YOU SPECIFICALLY MOVE TO HAVE THEM AVOIDED. Let me add to the last post. Most of the time, the creditor who has the lien is listed as unsecured, even though they are technically secured. You need to review your bankruptcy to see how the claim was handled. If it was paid as secured (100%) or 100% to unsecured, then contact the creditor. If the debt was paid as unsecured (less then 100%), then you must have the lien avoided. Most chapter 13's are less than 100% to unsecured.


What is an example of a non-dischargeable item in a bankruptcy?

Taxes, including state and local taxes, and customs duty Money or other financial benefit received by reason of false pretenses Consumer debts incurred within ninety days before filing totaling more than $500 owed to a single creditor


How long do you have to be unemployed before you can file bankruptcy?

You do not have to be unemployed to file bankruptcy.


Can you buy a car and have it finance before bankruptcy discharged?

Yes, you can buy a car and have it financed before bankruptcy is discharged.


Can creditors file claims once a bankruptcy chapter 7 has been discharged?

This is a two part question. If the creditors were included in the Chap 7, the answer is no, they have NO recourse once the court discharges. The second part is if the debtor neglected to inform the court of a creditor before the discharge or took on new debt after the discharge, then the creditor has legal recourse.


Can a credit collection agency still sue you for unsettled debt even if the original creditor was listed in a Chapter 7 bankruptcy?

Of course. Your saying the person/co you owed money to (the creditor) went bankrupt. So? His/its bankruptcy does not relieve or change YOUR debt in any way...whether he transferred the debt or not, before or after filing. In fact, the debt you had to that bankrupt party is an asset of its. Hence, when he declared bankrutpcy it is very commonly given to one of HIS creditors as a way to pay them.


How long should you wait after you get your lawsuit to file bankruptcy?

Any time before a judicial lien is filed on any property that you may have. Although you can always do a lien avoidance, it always a better to file BK before the creditor gets a lien on your property- its less hassle for you.


Can a creditor garnish more than the amount owed?

A creditor can not garnish for more than they are owed. A creditor must have a judgment with a specific amount before a garnishment can be started.


If a collection agency freezes your bank account and on the next day you file for bankruptcy can they still freeze your money?

A collection agency, or any party, can only freeze your bank account IF they have sued your first and won a judgment against you. If you file for bankruptcy, it will not immediately release the levy on the account. The court that rendered the judgment must be notified of the bankruptcy filing, as well as the judgment creditor. The account could remain frozen until the outcome of your bankruptcy. If your bankruptcy, and the judgment debt is discharged, then the bank account must be released. It is possible to release a levy before discharge, but it will usually require the bankruptcy attorney to do it.


Which taxes are not eligible for bankruptcy?

Payroll taxes and penalties for fraud are not it is not eligible for bankruptcy. If the debtor filed a tax return for the relevant tax years at least two years before filing, then it is not eligible for bankruptcy. If the tax debt is from a tax return that was originally due at least three years before filing for bankruptcy then it is not eligible for bankruptcy. If the IRS assessed the tax debt at least 240 days before the debtor filed for bankruptcy, then it is not eligible for bankruptcy.


Can you change a joint bank account with a parent before chapter 7 bankruptcy in ny state?

Yes you can change a joint bank account before a Chapter 7 bankruptcy. You should have your finances in order before you file a bankruptcy.


Is it legal to transfer property before bankruptcy?

Legal...yes, presuming it isn't done trying to convert assets or benefit one creditor 9or yourself) over another. It can be challenged and reversed upon filing the BK though.