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Why would a bank file a motion for relief of stay for post-bankruptcy payments when the entire amount owed is in the bankruptcy?
You need to contact the attorney who handled your bankruptcy and let them act on your behalf. The only thing I can think of, is the bank might feel a fradulent transfer of assets has occurred. Or they believe they are able to use an offset action. Something strange here, get legal counsel asap.
What else can I help you with?
If a vehicle was voluntarily surrendered and sold can collection on the difference be stopped with bankruptcy?
With new bankruptcy laws that is no longer possible. If the person files for bankruptcy and includes the vehicle they will have to pay the entire amount of the loan.
I filed bankruptcy on the entire amount owed on my home will my ex only be reliable for half of what was owed since i filed on the entire amount owed?
Yes, Your ex should have the responsible for the half of what was owed.
When can you sell your car after chapter 7 bankruptcy discharge?
Yes you can. But if there is still a lienholder- the sale price must cover the entire lien amount.
File a claim in bankruptcy court?
You should always confirm your claim by filing a claim form with the bankruptcy court. It confirms the amount you're owed. If the amount differs from the amount that the company has on file, you may need an attorney at some point, because if the company contests or disagrees with your claim, the company could submit to the court to wipe out the entire amount or partial amount.
What is the likelihood that a tax refund will be taken by the trustee during a bankruptcy?
Generally it depends on the type of BK when or if it has been discharged, the amount of the refund, and if it is a federal or state bankruptcy filing. As a rule at least a portion of the refund will be taken by the trustee, more likely the entire amount is subject to relinquishment.
After foreclosure can the company continue to report you late on payments destroying your credit even more?
Short answer, it depends on the circumstance. Foreclosure just means that they took back their property according to the terms of the loan. You are still responsible for the entire amount of the note that was not satisfied when the property was sold at auction. Since you probably still owe money to the lending institution, they can still report that you are not making payments on the outstanding amount of the debt. At this point, your only option is to either pay off the remaining part of the debt or file bankruptcy.
If you are up-to-date on child support payments and are making payments towards the arrears will they still take the tax refund?
Yes, they will. If the amount you are getting back is more than the amount you owe, they will seize the entire refund. It's happened to me twice. I am currently up to date and have almost paid of the amount I owed, but they will take it if you have back child support payments. Fathers get their returns taken who are not in arrears. see links below
If your car is repossessed in Illinois and the lender wants full payment can you file for bankruptcy within a certain amount of days so that your able to keep your car?
Bankruptcy does not prevent a vehicle from being repossessed. If the debtor/borrower wants to keep the vehicle they must reaffirm the loan with the lender. Furthermore, new bankruptcy laws require the borrower to repay the entire amount of the loan and applicable fees rather than the discrepancy between the loan and the amount recovered in the sale of the vehicle.
You just got a letter saying that you owe from 2004 Will you get a rebate check?
Probably not, or not the entire amount. Stimulus payments will be kept to pay overdue taxes and other debts to the government.
Can you file bankruptcy on your house if already in foreclosure?
Filing for bankruptcy may enable you to recover your house from foreclosure. However the bankruptcy would entail dealing with your entire debt situation, not just the house.
When income tax is garnished does parent receving child support get entire check?
Yes, if amount owed in back child support is more than the tax refund. Garnishment percentage limits only apply to wages and other period payments. The entire amount of tax refunds can be applied to debts owed.
How do you receive a vehicle title for a car that was a secured claim in a 1994 bankruptcy that was dismissed in 1996 due to non-payment?
You would have to pay off the entire amount of the loan plus any penalties that have been incurred.
