If the creditor believes they can collect at least a portion of the debt without pursuing litigation they are very likely to negotiate a settlement. Keep in mind once a BK has been dismissed creditors may use whatever means available under the state laws to collect monies owed; this includes lawsuits and in many cases arbitration action.
The fairest amount is ten thousand dollars, because that's the amount that both parties agreed on when the money was loaned. Anything less than that has to be a new agreement between the parties, either in person or in court.
It depends on what the court is.
Court Line ended in 1974.
You need to find out how much of the home can be protected by the laws of your state. If the owner has more equity in the house that is covered by the exemption law, the creditor who gets a judgment can ask the court to sell the home. For example if the house is worth $150,000, and the owner has $30,000 equity and the state exemption is $15,000 then the debtor gets the $15,000 and the house is sold, the lender is paid and the creditor gets what is left. Judges don't usually allow a person's home to be sold though, especially if it is jointly owned and some states do not allow it by law. Usually a lien is placed against the property and continues to add on interest until it is paid, a $1500 lien can end up being $10,000 + in some cases.
States establish fines and penalties for traffic violations. There's no way to give a definite answer as it will depend upon the amount of actual fine, whether or not the state allows additional penalties for being a multiple offender (if that applies) and the amount set for court costs and other fees.
If you handled your BK correctly no, as he/she would be a creditor listed and whose debt is dismissed in the bankruptcy by the court too.
Adversary proceedings are proceedings that occur in bankruptcy court. This refers to a creditor arguing that a debt should be paid by the other person in the proceeding, instead of being thrown out or dismissed.
Adversary proceedings are proceedings that occur in bankruptcy court. This refers to a creditor arguing that a debt should be paid by the other person in the proceeding, instead of being thrown out or dismissed.
"How is a claim filed as an unsecured creditor to the US bankruptcy court case 07-23686-RG?"
When you filed your bankruptcy, the court issued an automatic stay which prevents any creditor from moving forward with collection efforts. For whatever reason, this particular creditor wants to proceed with collection and it must request the permission of the bankruptcy court by filing the motion for relief from automatic stay.
Yes. I foreclosed on a home and bought another one cash before being discharged from bankruptcy. I was told by the attorney that creditors can ask the courts and the court will confiscate your purchased product and sell for whatever amount and that amount will be given to the creditor(s).
Not without the approval of the court
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.
Creditor receive a notice from your BK from the BK court.
1. Pay the debt. 2. File bankruptcy. 3. Ask the court to modify the garnishment order. 4. Negotiate a different amount with the creditor and have it approved by the court.
I assume you mean after YOU filed bankruptcy (the creditor's filing bankruptcy doesn't affect your garnishment, except maybe to change who's "garnisheeing"--NOT "garnishing"--your wages). If so, contact your attorney so he/she can bring the creditor into court for violating the automatic stay.
1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs. 2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases. 1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs. 2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases.