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If you continue to make payments will bank continue to pay taxes and insurance from escrow if you do not reaffirm your mortgage after chapter 7 bankruptcy?
If you continue making the regular mortgage payments, including the escrow amounts, you are reaffirming the debt. It would be better to formally file a reaffirmation agreement that is approved by the court.
Will it affect your car loan if you go bankruptcy?
Yes, filing for bankruptcy can affect your car loan. If you include the car loan in your bankruptcy filing, you may have to surrender the vehicle or negotiate a reaffirmation agreement to keep it. Additionally, bankruptcy can negatively impact your credit score, making it harder to obtain future loans. However, not including the car loan in bankruptcy may allow you to retain the vehicle, provided you continue making payments.
Will a judgment be dischared if you go bankrupt?
This really depends on whether the judgment is a dischargeable debt in bankruptcy. There are some debts that you cannot eliminate in bankruptcy and they will continue to exist after the bankruptcy. Generally judgments from credit cards, medical bills or personal loans can be discharged but they can become non dischargeable if the creditor claims fraud or misrepresentation within the bankruptcy.
How do you get a creditor to withdraw late payment reports that occured after you filed BK if the creditor claims they can continue to report this?
If the account with the late payments was discharged in the bankruptcy, that account needs to have all information removed except for the "discharged in bankruptcy" (or similar) statement. Once the account is discharged, continuing to show late payments is like hitting the consumer twice. Send the original creditor copies of the pertinent pages from your bankruptcy papers, copies of your id, ss card and a letter requesting that they change the way the account is being reported to the bureaus. Concurrently, write the bureaus and request the same changes. If you are not successful, you may have to file suit to have the information shown accurately.
How does bankruptcy stop foreclosure?
The bankruptcy stay prevents any action by the lender until the BK is finalized. Be advised that a mortgage lender can petition the court to have said stay lifted so foreclosure proceedings can continue. That rarely happens though. Unless the debtor reaches an agreement with the mortgage holder to reafirm the lending agreement the foreclosure will likely occur after the BK discharge.
If you filed bankruptcy signed a reaffirmation agreement but the court discharged that agreement and you're currently up to date on the car payment will they come and take the car or can you continue?
If you signed a reaffirmation agreement in bankruptcy, but the court discharged that agreement, the lender will come to take the car. This will occur even if you're currently up to date.
What is certificate of an ongoing debt In relation to Bankruptcy petition.?
This is not a term used in US bankruptcy courts. In a Chapter 7, when a secured debt is to continue as a debt, the debtor must file a Statement of Intention with regard to secured debt and may also have to sign a Reaffirmation Agreement which the lender files with the court. Many court require a hearing to determine if the reaffirmation will defeat the purpose of the bankruptcy.
If you continue to make payments will bank continue to pay taxes and insurance from escrow if you do not reaffirm your mortgage after chapter 7 bankruptcy?
If you continue making the regular mortgage payments, including the escrow amounts, you are reaffirming the debt. It would be better to formally file a reaffirmation agreement that is approved by the court.
Will it affect your car loan if you go bankruptcy?
Yes, filing for bankruptcy can affect your car loan. If you include the car loan in your bankruptcy filing, you may have to surrender the vehicle or negotiate a reaffirmation agreement to keep it. Additionally, bankruptcy can negatively impact your credit score, making it harder to obtain future loans. However, not including the car loan in bankruptcy may allow you to retain the vehicle, provided you continue making payments.
If a car loan is reported on the credit report as 0 balance and discharged but paid continually after the bankruptcy can the car be returned to the bank without repercussion?
Bankrutpcy does not automatically get rid of the lien on your car. When you file for bankruptcy, you have 3 basic choices regarding your vehicle: (1) surrender the vehicle; (2) sign a reaffirmation agreement; and (3) redeem the vehicle. A reaffirmation agreement is an agreement to keep the vehicle, continue to make all payments and not receive a discharge of the car debt. If you signed one of these, you are still on the hook for the car loan. If you owe more than the car is worth, you can "redeem" the vehicle by purchasing it from the lender for the fair market value. The trick is getting the money together. Sometimes you can get new financing and you would be on the hook for the new financing. In some areas of the country, you can keep the vehicle and keep making payments without reaffirmation or redemption and maintain insurance. If you live in one of those jurisdictions such as California, you can turn in the vehicle without repercussion.
Can creditors continue to accumulate fees and interest after bankruptcy?
Not if they were discharged. they can say you owe whatever they want but they can't collect.
You filed Chapter 7 bankruptcy and included your home they are also foreclsing on that how does that work Is it gone after the saleState of MI?
Although a Chapter 7 bankruptcy eliminates your personal obligation to pay the debt and can protection you from a deficiency judgment, it does not get rid of the voluntary lien secured the debt. The credit can still enforce deed of trust or mortgage. Unless you signed a reaffirmation agreement and reached an agreement wiht the bank on keeping the property, the lender can continue the foreclosure after getting relief from the automatic stay or after the discharge has been entered.
Do you still owe the lender if the court rejected your reaffirmation agreement?
Yes. The reaffirmation agreement allows you to continue to make payments on a secured loan and retain the secured property. The rejection of the agreement simply means the creditor can apply for relief from stay and repossess or foreclose on the property. If you have been making post-filing payments, the creditor may not bother and, in some states, under state law cannot proceed against the property.
What its a lender reaffirmation letter?
A lender reaffirmation letter is a document issued by a lender that confirms the terms of a loan or debt obligation, particularly in cases of bankruptcy. It serves as a formal acknowledgment of the borrower's intention to continue repaying the loan despite the bankruptcy proceedings. This letter typically outlines the specifics of the loan, including the amount owed, interest rates, and payment terms. By signing the reaffirmation letter, the borrower agrees to remain liable for the debt, which can help preserve their credit score and the lender's rights to collect the debt.
Can the IRS come after you when the taxes were discharged in a Chapter 7 two years later?
The question is NOT whether taxes are dischargeable in a bankruptcy. The question that has been asked is whether the IRS can still pursue you for taxes that were discharged in a bankruptcy (which would obviously confirm that some taxes are dischargeable in specific circumstances).If your taxes were discharged in a bankruptcy, the IRS cannot come after you for those taxes after the bankruptcy has been discharged. If they are doing so, they probably did not enter them as discharged correctly on their computer system.To correct this, you should call IRS collections and explain to them that the taxes should have been discharged in your bankruptcy. Ask them to send a referral to the IRS Insolvency Unit, and the Insolvency Unit will be able to pull the bankruptcy records and confirm what should have been discharged.Note that any liens that were filed before the bankruptcy will survive the discharge process. So, although the IRS debt has been discharged a lien may continue to exist. This lien only attaches to equity that was exempted in the bankruptcy process (so if you had $20,000 of equity in your home that you exempted under bankruptcy homestead exemption, the lien continues to attach to that equity). It does NOT attach to any equity that builds in your assets after the filing of your bankruptcy petition.
What happens to spousal maintainance and child support if the person files for bankruptcy?
Spousal support and child support debts cannot be discharged in a bankruptcy, so the ex spouse must continue to keep making the payments. Failure to do so can lead to a dismissal of the bankruptcy case.
Can you keep a vehicle after filing chapter 7 if they have not repossessed it?
You can only keep the vehicle under two circumstances: (1) sign a reaffirmation agreement and keep making payments; or (2) redeem the vehicle by paying of the balalnce. If you fail to do either, they lender can get permission from the bankruptcy court to repossess the vehicle. In some states, such as Missouri, you may keep the vehicle if you continue to pay on it.
