0
Can a creditor in a Chapter 7 bankruptcy filed 5 years ago that made no claim at the time demand the return of property?
It doesn't matter when the bankruptcy was filed or whether they made or claim or not. What matters is if the creditor had a secured debt or a lien against your property at the time of filing. The reason is that liens survive bankruptcy; it is your personal liability that gets discharged. For example, if you have a car with a lien against it and file bankruptcy, you don't have to pay the debt. That obligation was discharged in your case. However, if they have a lien against the vehicle, the lien survived your case and remains in effect. At any point after your case is discharged, they can recover the property to which their lien attaches. It is called replevin. They cannot collect any money from you, but can collect the property. If you life in a self-help state, they can repossess the vehicle in public. If it is a personal property item like furniture or a computer, they have to sue you in state court for the return (or replevin) of the item. They cannot come onto your property without a court order requiring turnover of the item.
What else can I help you with?
Can a debt collector demand payment for an amount that has been included in a chapter thirteen bankruptcy?
If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.
Can a creditor or government agency automatically demand payment after a chapter 13 dismissal?
no
Is there a fine against a credit attorney for contacting the creditor instead of the creditor's attorney when chapter 13 was filed?
The filing of a petition under Chapter 13 "automatically stays" most collection actions against a debtor or a debtor's property. For so long as the stay is in effect, creditors generally cannot even make a telephone to demand for payment to a debtor. The automatic stay should be respected and taken seriously. Section 362(h)of the Bankruptcy Code provides that an individual injured by any willful violation of a stay shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages. If the creditor was unaware of the Chapter 13 bankruptcy, then it was an innocent mistake and no action is warranted. If the knew of the bankruptcy and contacted you anyway, then consult with your attorney to see if penalties are appropriate under the circumstances.
My fiance filed chapter 11 bankruptcy and now we want to get married can the court trustee demand more money?
Make sure that it was a chapter 11 and not a chapter 7 or a chapter 13. Many times there are no trustees in a chapter 11 and chapter 11 is almost always a larger business bankruptcy.
Can a lender sell the mortgage when the property is under bankruptcy automatic stay?
Yes. The new owner takes over all rights, obligations and chances of loss. Who owns it doesn't effect you in any way. (The Creditor's rights to anything involved in your bankruptcy can be sold, albeit the buyer probably would demand a substantial discount).
One spouse is on the mortgage and wants to claim bankruptcy. The other spouse's name is on the deed. What happens when the first files for bankruptcy?
It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.
What do you do if the original creditor went bankrupt pulled your file from the collector you were paying and sells it to a debt buyer who demand a large sum of money up front or they will sue you?
I would hire a Bankruptcy attorney asap.
Can a creditor demand payment while a chapter 7 is in process?
No, all collection efforst must stop. In reality, your best bet is to either copy and send a discussion about that from a legal website to the creditor, or inform someone at the court and ask they write and tell him to stop.
In New Jersey can the mortgage company demand full payment if you become late or past due after chapter 7 bankruptcy?
Yes...AFTER BK provides NO protection or change in you obligation
Are creditors required to remove debts from credit reports if filed under bankruptcy 7?
Assuming that you properly listed the debt in your bankruptcy, the creditor should report the balance owed as zero and it should also correct your credit report to show that the debt was discharged in bankruptcy. You should send a certified, return receipt letter (keep a copy) to the credit card company and enclose a copy of your discharge. Demand that they correct this entry on your credit report. If they fail to do so, contact a local bankruptcy attorney for further assistance. Failing to correct a credit report can be a violation of the discharge order and the bankruptcy court could order the creditor to pay you damages if they fail to correct the error. You should also write a dispute to the three credit reporters: Experian, TransUnion and Equifax, and have them insert it in your report, i.e. "This debt was discharged in bankruptcy on _____ (date)."
Can married couples file bankruptcy separately in Illinois?
A married couple can file for bankruptcy separately in Illinois, as it is not uncommon for one spouse to have a significant amount of debt in their name only. However, if spouses have debt they want to discharge that they're both liable for, they should file together. Otherwise, the creditor will simply demand payment for the entire amount from the spouse who didn't file. When a married couple face bankruptcy, they can file jointly, one can file while the other doesn't or they can file separately at the same time.
Can a secured creditor demand there furniture back in discharge?
They can "demand" but they cannot force you to return furniture. However, if a creditor has a security interest in the furniture, then can foreclose (i.e. take back) the furniture if you fail to make payments.
