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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.

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If your wages were garnished and your employer is holding the money in an account how do you get the money released to you after bankruptcy has been awarded?

The back wages will not be released to the employee until the bankruptcy is discharged and the employer is notified by the court that the arrearages have been exempted from seizure.


How many points does a Chapter 13 bankruptcy decrease your score?

There is no definitive answer as to numbers. Actually it is irrelevant. Once any type of bankruptcy has been filed or discharged, your credit rating is down the drain.


How long after a chapter 13 has been discharged can you apply for credit?

Between five (5) and six (6) years, depending on how long it took to discharge the chapter 13 bankruptcy. Generally a total of ten (10) years after the bankruptcy appears on your credit report is required before applying for prime credit. The average chapter 13 takes 4-5 years to be discharged, leaving about 5 years of having the bankruptcy still on your credit report.


If a chapter 13 bankruptcy has not been discharged can a creditor be added?

The bankruptcy is not discharged, the debts are. A creditor can be added if the plan is not too far along or if you have the excess income to pay whatever the creditors are being paid (percent of debt) for the balance of the plan. If it is a post-filing debt, it cannot be added.


Can your old creditors still make entries on your credit report after the bankruptcy has been discharged?

Yes, they can. The real question is, why would they want to? It costs creditors to place (and to update) information on the credit bureaus. If their debt was discharged through your bankruptcy, the only entries they should be making are to "clean up" the account and mark it as "discharged" or "included in bankruptcy". All other negative information needs to be removed from the tradeline so that this no longer impacts your credit score. (You are already taking a huge hit to your score for the legal action) If this has not happened, perhaps this particular creditor has not been notified that their account was discharged. Either you or your attorney needs to send the creditor a copy of your bankruptcy papers and request that they update the credit bureaus accordingly.

Related Questions

I have just been discharged in a Chapter 7 Bankruptcy what does that mean?

The case, that you asked for, has been completed and resolved.


Is a Chapter 7 bankruptcy considered final after the meeting of the creditors has been held?

It's final after the BK has actually been discharged.


If your wages were garnished and your employer is holding the money in an account how do you get the money released to you after bankruptcy has been awarded?

The back wages will not be released to the employee until the bankruptcy is discharged and the employer is notified by the court that the arrearages have been exempted from seizure.


Can a collection Agency collect a debt after a chapter 7 in Tennessee if it was accidentally omitted?

Any debt that was omitted from the Chapter 7 can be collected after the discharge of the bankruptcy. If the bankruptcy has not been discharged, you may sitll be able to add it to the list of debts. If however the stay has been lifted (the bankrutcy is discharged) then there is no protections and you are vulnerable.


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.


If you had bankruptcy in 2004 can you file for bankruptcy again?

Some strict limitations have been set by the new bankruptcy law. Debtors will not be able to file Chapter 7 bankruptcy if they've been through a Chapter 7 within eight years of the new filing. If they want to file for Chapter 13, they will not receive a discharge within two years of a previous Chapter 13 discharge and within four years if they were discharged from a Chapter 7, 11 or 12 bankruptcy.


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.


Can you include your home in a bankruptcy after the bankruptcy has already been discharged?

No.


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 should a person do if their Chapter 7 Bankruptcy has been discharged but a vehicle that was to be surrendered has not been repossessed by the bank?

A person immediately contact their lawyer to assist on issue.


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.


What is a discharged bankruptcy?

In a chapter 7 it is a total liquidation BK, that has been found valid and has been approved. Therefore the debtor(s) are discharged from the debt(s) that were included in the BK. A discharged BK is not the same as a closed BK. If it is a chapter 13, it indicates that the debtor(s) have fulfilled their obligation of repaying the amount to creditors that was ordered in the BK. After the trustee's audit a chapter 13 is considered closed