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It's a personal opinion, but I think collectors are about the lowest, most unethical bunch of people out there. You're probably getting the letters because they have the wrong information. This won't matter to the collection company. They will harrass you until you give them money; whether it's justified or not is not their concern. They bought the debt from a lender and now they have to collect on that debt to make money and stay in business. You will probably have to supply them with written proof that the account or accounts in question have been cleared by the bankruptcy. Keep track of names, dates and anything said, and make sure all correspondence is in writing. If the collectors continue to harrass you after having been shown proof the debt isn't legitimate, you can report them under the Fair Debt Collection Practices Act.
What else can I help you with?
Is a debt discharged if it was not listed on the schedule F on a no asset chapter 7 bankruptcy?
No
Scheduled to be discharged without payment 185109 What does this mean in Bankruptcy chapter 7 and can creditors collect?
You need to read whatever you got from the court more carefully. "185109" is meaningless in federal bankruptcy. Courts do not usually "schedule" a case to be discharged." You may have received a letter from your lawyer saying that was the expected discharge date. If you receive your discharge, that is the end of any collection actions by any creditors.
Do you keep a tax refund after bankruptcy?
Has the chapter 13 bankruptcy been discharged (completed)? If not then in your bankruptcy agreement for repayment it probably states that you must surrender any tax return to the repayment schedule. Read your entire agreement and consult with your attorney to be sure.
How do you prepare a debtor collection schedule?
debtors collection schedule parts
CAN I QUALIFAY FOR A HOUSE LOAN IF I HAD CHAPTER 13?
Yes it is possible to qualify for a mortgage despite a Chapter 13 bankruptcy filing. In a Chapter 13 filing the debtor agrees to a court structured debt repayment schedule. Typically, after making payments on time to creditors as required by the bankruptcy agreement an individual can be discharged by the Court from the Chapter 13 proceeding. Once discharged from bankruptcy an individual can apply for a mortgage. Each bank has different rules about how soon someone can apply for a mortgage after a bankruptcy. Most people coming out of bankruptcy apply for an FHA mortgage loan since this program has the most lenient underwriting standards.
Can you access equity in your home soon after your bankruptcy is discharged although the current equity is much more than what was listed on the bankruptcy?
This is an issue that you need to discuss with a qualified attorney and no one else. If the equity in the home was erroneously reported deliberately on the bankruptcy schedule, there can be some very serious consequences. Bankruptcy fraud is a federal felony and each count of fraudulent information results in a five-year prison sentence.
Can you EARN large sum of money shortly after bankruptcy is discharged?
Bankruptcies are not discharged. The debts are discharged. If you knew going in to the bankruptcy that you would be earning a large sum of money, that information should have been entered on Schedule I at the bottom and if it was NOT disclosed, you might find yourself in federal prison for perjury and fraud. Your discharge would be revoked. If you did not know you would be earning a large sum and could not have found out before filing, no problem. If it is a lottery winning or an inheritance, rather than wages, you have to disclose it to the trustee and the court.
Can a landlord who was not included in a bankruptcy bring small claim's action against a tenant after the tenant's bankruptcy has been discharged?
If you did not include your landlord in your schedule of unsecured debts, and you owe him, then he can go to small claims court. His being informed of the bankrupcy but not included--does not release you of the debt. Call your attorney and see if he can add the landlord--depending on the amount--it may not be worth it if it is still possible. * Once a bankruptcy has been discharged it cannot be reopened to include debts. It can sometimes be reopened to include non exempt assets of the debtor.
What is schedule g in bankruptcy filing?
Schedule G represents Executory Contracts and Unexpired Lease, and is used in bankruptcy filing to list all the ongoing leases and contracts of the party in question
Am I required to retain a bankruptcy attorney if I want to file for bankruptcy?
Yes you will need an attorney to file for bankruptcy and deal with the court. As an individual you will not be able to schedule hearings, etc as necessary to do the bankruptcy.
Can someone file judgment on someone who filed bankruptcy and had it discharged 1 year ago?
It depends on whether that creditor was listed on Schedule F at the time of the filing. The filing of Bankruptcy (BK) doesn't in itself wipe out the debt: that debt must be listed on the list of creditors. If a debt was discharged under BK then the creditor(s) on the list of discharged debts cannot take any action against the Debtor: IT'S GONE FOR GOOD! That's what BK is for-- to give a fresh start. If the creditor was such at the time of filing and the debtor forgot to include that creditor on the list, he may be able to later add it on and have that debt also discharged. Now, if the debtor has since incurred a debt after the BK was discharged then that creditor can take action against the debtor.
Where can you get your bankruptcy discharge paper?
In most cases it will be sent to you by the bankruptcy court. If you need another copy or have not received your discharge papers when you believe you should have then contact the bankruptcy court to obtain them.
