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Can a creditor file an adversarial claim in bankruptcy court in a personal 7 bankruptcy for something that they contend occurred during a business bankruptcy 2 years previous. No claim was filed then.?
No, a creditor is required to file a claim if seeking payment, otherwise that claim is considered waived. So in this case. if there was no claim, then it was waived and the debt discharged. But even if it was filed, it would have been discharged in the business BK.
What happens when a creditor doesn't file a proof of claim in a bankruptcy case?
If it is not a secured debt it will be included in the bankruptcy discharge.
Can you quit claim a deed after bankruptcy is discharged?
Yes, because after bk discharge you still own the house . The only way to get out from under the house is to get your name off the deed. Ether by forcloser, short sale, or normal sale. If you can find someone to quit claim deed to that will work also. Because after bk discharge you are not responsible for the mortgage, so if you can get off of the deed you are free.
Where do you get the forms needed to file a claim to obtain your child support after the father placed it on his chapter 13 bankruptcy?
You don't need any forms - child support is not discharged in bankruptcy.
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
Can you include a judgment filed against you in a future bankruptcy?
Yes. A discharge will depend on whether the claim involved fraud.
Are you bondable in Ontario if you claim bankruptcy?
According to bankruptcy Canada site, you are bondable during bankruptcy, but...it may cost more during prior to being discharged to be bonded, depending on the agency used for bonding. http://www.bankruptcy-canada.ca/bankruptcy/2007/08/bankruptcy-means-not-bondable.html
Your chapter 7 bankruptcy was discharged in August and your insurance company has refused to pay 9000 ER visit. Can my claim be reopened and this discharged or can a new claim be filed?
If the ER visit was prior to the filing of the c. 7, yes. You may not even need to re-open the case. Your discharge order says it discharges all dischargeable debts. The debts are not listed as such in the order. The fact that your insurance company refused to pay it does not alter its status as dischargeable. A new c. 7 bankruptcy cannot be filed for 8 years, but you could file a c. 13 if needed.
Will filing for bankruptcy affect a judgment against you?
A bankruptcy doesn't dismiss another legal action, like a judgment. But you can include the plaintiff's claim in your bankruptcy. The judge may allow this debt and discharge it along with all your other obligations.
Can you claim bankruptcy on court fines Illinois?
Fines in Illinois can not be claimed in bankruptcy if they are derived from criminal acts, parking tickets and traffic offenses. Additionally, court ordered fines and restitution will not be discharged under Chapter 7.
Can a creditor put a hold on your savings account after you claim bankruptcy?
When you file for bankruptcy, all your assets are revealed to the trustee and basically frozen. No, a creditor probably won't put a hold on your savings account after you file but they can until your bankruptcy is discharged. Usually a letter from your attorney saying you have filed bankruptcy will stop this action.
Could creditors claim from a deceased estate if bankruptcy of the recently deceased occured 20 years ago?
The events from before the bankruptcy filing or discharge make no difference to anything incurred after. It is not a lifetime forgiveness!
