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Under certain circumstances you can add debt after bankruptcy as illustrated by Robinson v.Mann.339F.2d547 (5th Cir.1964). Courts have the discretion to allow amendment of schedules after the expiration of the claims period under exceptional circumstances such as (1) the case is a no-asset one, (2) there is no fraud, and(3) the creditor was omitted through mistake or inadvertence.
In a chapter 7 no asset case, anyone creditor to whom the debtor owed money prior to filing is included in the bankruptcy, whether they were listed on the schedules or not. If an asset is administered, the debtor should attempt to list all creditors prior to the trustee administering assets. If they don't that debt will survive the bankruptcy.
In chapter 13 cases, the debts should all be listed prior to confirmation. If they are not, and the creditor cannot share in any distribution of funds, the debt will survive the bankruptcy.
What else can I help you with?
How do you know if your bankruptcy is discharged on your credit report?
Bankruptcy does not get discharged. Debts are discharged. The bankruptcy will remain on your credit report for 10 years from the date of filing. The debts that were discharged can remain for 7 years from the date of discharge, showing a zero balance and that they were discharged in bankruptcy.
Can discharged items that were included in a bankruptcy be listed as discharged in bankruptcy on your credit report?
Yes, discharged debts are generally noted as "included in bankruptcy" on a CR.
What does it mean for a bankruptcy to be discharged?
You may be referring to the discharge of debts in bankruptcy. Not all debts can be discharged. Most discharged debts are partially discharged in Chapter 11 and Chapter 13 actions. Debts or the portions thereof that are discharged no longer exist at law and creditors no longer can attempt collection. It is a "fresh start". You attorney can advise you as to which debts are likely to be discharged, which ones reorganized, and which debts will likely not be discharged.
If you have already filed bankruptcy but have not been to your hearing yet can you add a medical bill that has just happened to the bankruptcy?
No, only pre-petition debts may be discharged in a bankruptcy.
Can a spouse be reimbursed for debts that were discharged in bankruptcy as part of the dissolution of marriage terms?
Not if the debts were actually discharged in the bankruptcy. In regards to the cost of the bankruptcy if the couple were still legally married then that too is not recoverable.
Can priority debts be included in bankruptcy?
You don't have a choice, ALL debts must be included in your bankruptcy petition. Oh, also, priority debts cant be discharged in a bankruptcy.
I had traffic tickets from 7 yrs ago that were sent to collections C O of the court I filed for Chapter 7 Bankruptcy those debts were discharged under the bankruptcy do I still owe the debts?
If tickets were discharged after filing for bankruptcy then someone would not owe on these debts.
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.
After bankruptcy are you still liable for old debts?
It depends on which debts are discharged in your bankruptcy. There are several types of debts, such as student loans, which consistently persist through bankruptcy. Moreover, you may be liable even for debts that traditionally are discharged, such as credit card debts, where there is even of bad faith and manipulativeness on your part, i.e. you racked up thousands in credit card debt in the days before filing for bankruptcy.
When does a bankruptcy appear on one's credit report i.e. when the bankruptcy petition is filed or when the debt is officially discharged?
When it is filed. A discharge may be opposed by a creditor and there may be listed debts that cannot be discharged, or unlisted debts that may be discharged, so the "discharge" date is irrelevant.
Do you have to list recently accrued debt after filing bankruptcy?
Debts incurred after a bankruptcy is filed cannot be added to the BK and therefore would not be discharged. Any debts not discharged in a bankruptcy are subject to collection by any means available to the creditor under the laws of the state where the debtor resides,
What are tax implications of debt discharged in a chapter THIRTEEN bankruptcy?
Unless it is a tax debt, none. Discharged debts are not income to the debtor.
