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How do you reopen a Chapter 7 case and petition to remove a lien showing from a discharged judgment?
A debtor who wishes to reopen a closed bankruptcy case to remove a lien normally has to first file a Motion to Reopen the bankruptcy case with the Bankruptcy Court. The Bankruptcy Court charges a $155.00 fee to do this (as of today's date, 2/25/05). If the debtor hired a lawyer to do this for him or her (highly advisable) then there will also normally be attorneys fees that the debtor has to pay as well. Once the case is reopened by the Court, the debtor (or more likely his or her attorney) then has to file a Motion to Avoid Judgment Lien pursuant to 11 U.S.C. 522(f)(1). It should be noted that NOT all judgment liens can be avoided by 522(f), only those that "impair an exemption of the debtor" pursuant to 11 U.S.C. 522(f)(2). One should speak to attorney about this. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
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.
How can you prove that a judgment has been discharged in a bankruptcy?
The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
What is the definition of discerning?
Having or showing good judgment.
Having or showing good sense or sound judgment?
It is sensible!
Word having or showing good sense or sound judgment?
It is sensible!
What does nieave mean?
Naive: Showing a lack of experience, wisdom, or judgment
What is another word for sealant?
Having or showing sound judgment or reasonable
Does a person's credit score improve once all payments have been completed on a Chapter 13 and the Chapter 13 is discharged?
Not usually. Although it does look more positive than a Chap. 7 discharge. The only way a consumer's CRS will improve is by establishing new credit and showing they are a good "risk". Which means keeping payments current, and unsecured debt, minimal.
I cosigned for a private student loan and then two years later she filed for bankrupcty and has been discharged now it is my responsiblity how can I get out of it if she was discharged?
You might want to make sure the student loan was discharged. Most cannot be without a showing of a hardship, and the mere inability to pay is not a hardship. If it was discharged, you must pay, but if she could get a discharge, you should be able to.
If you convert a chapter 13 bankruptcy to a chapter 7 will this further affect your credit scores?
Yes converting a Chapter 13 to a 7 will further lower your credit score. It will show up on the public records section at the begining of the credit report. Once as an terminated chapter 13 and a second public record showing the filing of the Chapter 7. Each public record reduces your score. You can potentially be discharged from a Chapter 7 sooner and that's will be the time the clock will start ticking to eventually make it disappear from your credit report which I believe is 7 years for most derogatory entries
How can you quit the WI National Guard?
Just stop showing up for your UTAs. Once you miss ten, you'll be discharged.
When are they showing avatar book 3 chapter 16?
you can watch it on avatarchapters.org
