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What should you do if a creditor continues to call your job after you have filed for a chapter 13?
If the creditor is a participant in the chapter 13 then they should have received notification from the bankruptcy court. The bankruptcy petitioner should notify the trustee that the creditor is in error. If the creditor is not a participant, they can continue to contact the debtor until they are notified in writing to "cease and desist".
AnswerSend the creditor a written letter stated they are to cease contacting you by phone immediately and Amy only contact you through written correspondence. This is allowed by the Fair Debt Collections Act, a federal law. That should at least get you started.
What else can I help you with?
What can be done if you filed for chapter 7 and didn't list a specific creditor?
If the BK has not been discharged, you can ask to have it reopened and you filing amended to include the creditor. That will be expensive, though. If that isnot possible, then you owe the creditor the full amount of the debt, and should try to work out an agreement for repayment.
Is it legal for a credit company attorney to be sending relief from stay motion papers directly to the creditor instead of the attorney which represents the creditor that has filed chapter 13?
If a creditor files a motion for relief from stay in any bankruptcy proceeding, the papers should be served on the debtor's attorney of record.
If you have filed bankruptcy and you break your lease do you still have to pay?
You should have told the court and the trustee in the chapter 7 documents what your intentions were with respect to the lease. If you were terminating the lease, you must return the leased property to the creditor.
Can a creditor be excluded from a debtor who filed chapter 11 and wishes to continue to purchase goods and can the goods sold prior to the chapter 11 filing be excluded?
Such decisions as a rule are left to the bankruptcy court. Generally such action is not allowed as it would be viewed as favoritism to one creditor.
Can a creditor contact a customer that has filed bankrputcy and paid attorney retainer fee?
Yes. The customer should probably refer the creditor to the attorney, however.
Can a chapter 7 be filed with an open chapter 13?
A Chapter 7 can be filed with an open Chapter 13.
If you filed a Chapter 13 in June and have secured creditor who filed a relief from stay and you have to go to court again what does this mean?
It probably means that the creditor is not willing to accept the terms of the 13 filing. Therefore the crediotr will seek to recover the property that is secured for the amount owed and any deficit, fees incurred. Such as repossesion and resale of a vehicle.
How do you get an old creditor who was not listed on a chapter 13 bankruptcy to stop bothering you?
Send a letter of "cease and desist". This will not keep a creditor from filing lawsuit to recover the debt. It will only prevent them from contacting the debtor except to inform the debtor that a suit is being filed.
What happens if a creditor is disputing a debt to be included in a chapter 13 is filed?
contact them and ask them why...if it's a credit card...or basically anything but student loans they have to accept the terms of the bankruptcy. get in touch with the lawyer who did your filings for your bankruptcy proceedings and they should get it taken care of.
What happens to the interest rate on your credit card if you've filed for Chapter 7 Bankruptcy?
If the credit card was included in the Chapter 7, nothing happens. The account will be closed by the creditor and the amount owed including any accrued interest is wiped out.
If someone files chapter 13 in 2004 can chapter 7 now be filed?
if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009
If you filed bankruptcy and one of the creditors had a lien on a car do you get the title back after the bankruptcy is final?
It really depends on the type of bankruptcy petition you file. If you file for Chapter 7 bankruptcy the creditor who put the lien on your car may be able to take your vehicle. If you file for Chapter 13 bankruptcy you'll have the opportunity to make payment arrangements with your creditor and in that case you should get the title back after all of your payments are made and your amended. contract with the creditor has been fulfilled.
