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Must you answer Yes to the question Have you filed for bankruptcy on an apartment rental application if it was filed and discharged over 15 yrs ago?
NO
I am answering this after someone else. Having rented properties I know that renters have various issues with this question because they have filed for bankruptcy. Honestly, it really depends on what credit and background report agencies will be used and how in depth the landlord will be in their checks with you. If you answer no because your discharge was over 15 years ago and if they use PACER, it's possible you will be caught in a lie because some of PACER's records go back as much as twenty or twenty five years.
Also, some landlords and agencies will double check court records. This is definitely in the minority and I wouldn't do this due to the time and effort involved. However, there are many background & credit reporting agencies that can tell me more than you'd ever like about you and your habits all with just an internet connection and a reasonable fee.
If you were renting from me, I'd want you to be honest. I trust, but I also verify. If you lie on the application, what else would you lie about? Maybe it would be 5 people instead of 2 living in my property or I'd find out when it's affecting you paying your rent that your income has somehow been falsified.
It's your choice to answer, not answer, answer honestly or not but be sure you are ready for the consequences. Things can get embarrasingly ugly and remember, you are asking for the priviliege of renting someone else's home. They must make sure that you will treat the home and the responsibility with great respect.
Smart landlords and agencies will check carefully. If the landlord wants to screen out those with BK, it's their right, if the landlord doesn't really care, that's also their right. But it is their choice because it is their property, not the renters...
What else can I help you with?
If you are applying for a job as a sheriff officer will a bankruptcy be held against you?
Only the employing agency can answer this question for you, but probably not, especially if you discharged the bankruptcy according to the bankruptcy referee's instructions.
Can a piece of property be purchased after a bankruptcy discharge in July?
add on to question, buying piece of land with cash only, can it be done after being discharged of bankruptcy in July
Can the IRS come after you when the taxes were discharged in a Chapter 7 two years later?
The question is NOT whether taxes are dischargeable in a bankruptcy. The question that has been asked is whether the IRS can still pursue you for taxes that were discharged in a bankruptcy (which would obviously confirm that some taxes are dischargeable in specific circumstances).If your taxes were discharged in a bankruptcy, the IRS cannot come after you for those taxes after the bankruptcy has been discharged. If they are doing so, they probably did not enter them as discharged correctly on their computer system.To correct this, you should call IRS collections and explain to them that the taxes should have been discharged in your bankruptcy. Ask them to send a referral to the IRS Insolvency Unit, and the Insolvency Unit will be able to pull the bankruptcy records and confirm what should have been discharged.Note that any liens that were filed before the bankruptcy will survive the discharge process. So, although the IRS debt has been discharged a lien may continue to exist. This lien only attaches to equity that was exempted in the bankruptcy process (so if you had $20,000 of equity in your home that you exempted under bankruptcy homestead exemption, the lien continues to attach to that equity). It does NOT attach to any equity that builds in your assets after the filing of your bankruptcy petition.
Can a car be repossessed when it is in litigation for redemption in bankruptcy ct though the bankruptcy was discharged?
This is a good question to ask your B/K attorney whom you are PAYING to look out for your best interests.
What if your past bankruptcy is no longer on your credit report and a car loan application ask if you have ever filed bankruptcy?
Your bankruptcy remains in the court's index forever. Lenders have access to special non-public databases which they use when a person applies for a loan. Your name will come up in the bankruptcy index. If the lender finds you lied on the application your application will be denied. It would be better to be truthful when you answer that question.
If you get evicted are you responsible for debt after bankruptcy?
This can get complicated, but the main question is, was the rent past due when you filed the bankruptcy? If so, was the landlord included in the list of creditors? If so, in most cases, rent due as of the date of filing was most likely discharged. Any rent, or "use and occupancy" in lieu of rent, from after the date of filing was not discharged.
Do you have to answer the question Have you filed or ever filed bankruptcy if it is discharged after 14 years?
IF the question is asked to you.. Have you EVER filed.. then yes, you do have to answer, if it only askes you if in the last 10 years have you ever filed you could say no.
If your first bankruptcy was dismissed and the second one filed but you never made payments for either can they be removed from your credit report?
The second according to my credit report only says filed. My transUnion doesn't show it and I don't have my Experian report. I will have to contact the court I am sure to get the documentation I need. thanks for your input. Your first bankruptcy can be removed, because it was dismissed. A dismissal is a legal disposition of the legal action bankruptcy. The other disposition is discharged. You don't mention what the disposition was of the second bankruptcy. If it was granted, and your debt discharged, but you never paid on it, (was it a chapter 13?) then it is not discharged. You need to find out the correct status of the bankruptcy before this question can be answered.
Can your old creditors still make entries on your credit report after the bankruptcy has been discharged?
Yes, they can. The real question is, why would they want to? It costs creditors to place (and to update) information on the credit bureaus. If their debt was discharged through your bankruptcy, the only entries they should be making are to "clean up" the account and mark it as "discharged" or "included in bankruptcy". All other negative information needs to be removed from the tradeline so that this no longer impacts your credit score. (You are already taking a huge hit to your score for the legal action) If this has not happened, perhaps this particular creditor has not been notified that their account was discharged. Either you or your attorney needs to send the creditor a copy of your bankruptcy papers and request that they update the credit bureaus accordingly.
If you apply for credit 7 years after a bankruptcy and bank says to say no to the bankruptcy question on the form what are the legal implications?
Bankruptcy stays on your credit reports for 10 years not 7. I wouldn't give false answers on any application cause they are going to see it when they pull a report and this is considered fraud. Examine the application carefully. It may say, "have you filed bankruptcy within the past 7 years?" The bank may have just been telling you the time period on the application, not suggesting that you falsify the application.
You were an authorized user on your mothers account not a card holder and after her bankruptcy a collection agency is harassing you?
If you are an authorized user then it is not your debt but your mother's debt. Your mother's bankruptcy discharged (wiped out) the debt in question. The collection agency is not allowed to collect from you as, again, it is not your debt. This would not be the case if you were a joint debtor with your mother.
If you owe back rent can it be added to your bankruptcy claim?
I honestly used this site once, thinking that a professional was answering the questons, so my question still isn't answered. But I do know that it can be added butwould be very hard to get back into any apartment in the future. You need to consult your bankruptcy attorney for an answer to this. The answer would depend on where you are in the process of the bankruptcy; drawing up the papers, already filed, had a trustee assigned or already discharged. A rule of thumb is to add ANY account or money owing to your bankruptcy request. The idea is that you want to show the trustee how overwhelming your debt is. Not everything listed is necessarily discharged, and it may be that your present rent will be excluded. Once again, you need to check with your attorney who should be familiar with the allowances and exclusions.
