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It is rare but there is a provision in the bankruptcy code that allows it. Generally, there was some willful untruthfulness in your bankruptcy schedules. I always tell my clients to be completely honest on their schedules to avoid this potential problem. You need to talk to your attorney immediately if this is a possibility.
What else can I help you with?
How are you notified that your chapter 13 bankruptcy has been discharged?
If you have filed the financial management certificate due after the plan has been certified by the trustee as completed, you or your attorney must file an application for the discharge.
If a bankruptcy has been discharged but still reflects as pending on the title insurance policy due to the fact the trustee needs to close out will that affect the new lender's lien position?
It won't affect the lender's lien position but their policy. Most lenders won't close the loan if the bankruptcy has not been discharged. If you have been given the discharged paper, you can give a copy of it to the lender and the title company so that they have it in their records.
Can your trustee convert your Ch 7 to a Ch 13 if he decides that you will have enough money to make payments on a Ch 13 repayment plan in 10 months?
No. Once a chapter 7 bankruptcy has been discharged it is final.
How credit union collect bankruptcy loan that discharged?
If a loan from a credit union has been discharged in bankruptcy court, that credit union cannot collect and must write the loan off.
If bankruptcy has been dismissed can you file again?
If bankruptcy has been dismissed it is possible to file again. The trustee will require an explanation of why the first case was dismissed before accepting a new bankruptcy case.
Are there any penalties or fines for selling your home after bankruptcy?
Not after the bankruptcy has been discharged. If the person is participating in a chapter 13 bankruptcy they must have the permission of the trustee/court to engage in any major financial transactions.
If you are in bankruptcy can you still purchase a new or used car?
If it is chapter 7 and has not been discharged then, no. If it is a chapter 13 then the bankruptcy filer would need the permissin of the trustee to make any major financial transactions.
What is the likelihood that a tax refund will be taken by the trustee during a bankruptcy?
Generally it depends on the type of BK when or if it has been discharged, the amount of the refund, and if it is a federal or state bankruptcy filing. As a rule at least a portion of the refund will be taken by the trustee, more likely the entire amount is subject to relinquishment.
How are you notified that your chapter 13 bankruptcy has been discharged?
If you have filed the financial management certificate due after the plan has been certified by the trustee as completed, you or your attorney must file an application for the discharge.
Can you include your home in a bankruptcy after the bankruptcy has already been discharged?
No.
If a bankruptcy has been discharged but still reflects as pending on the title insurance policy due to the fact the trustee needs to close out will that affect the new lender's lien position?
It won't affect the lender's lien position but their policy. Most lenders won't close the loan if the bankruptcy has not been discharged. If you have been given the discharged paper, you can give a copy of it to the lender and the title company so that they have it in their records.
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.
What happen if you file bankruptcy and have not been discharged and buy a car and have it finance?
If you file bankruptcy and you have not been discharged the car that you buy can be used to finance it.
If your bankruptcy has been discharged but your house is still in your name do you still have to pay back taxes?
A bankruptcy is not discharged. Debts are discharged. Real estate taxes are a lien on the real estate and would not usually be discharged. Talk to your bankruptcy layer.
How do you find out if your bankruptcy has been discharged?
Call the attorney or company that handled your bankruptcy.
How long after filing chapter 7 can you sell your vehicle?
The debtor cannot sell nor transfer any property without the permission of the bankruptcy trustee or until the BK has been discharged and closed.
Ga trustee discharged everything but the house how long does he have to pursue?
In Georgia, if a trustee has been discharged from a bankruptcy case but the discharge does not include the house, the trustee may still have the ability to pursue the property. Generally, the time frame for pursuing any claims related to the property depends on the specific circumstances and the nature of the claims. If it's a foreclosure or related issue, the timeframe may be subject to state laws regarding foreclosure timelines. It's advisable to consult with a bankruptcy attorney for precise guidance based on the situation.
