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.
After 12 months of bankruptcy, the court typically evaluates the debtor's financial situation. If the debtor has complied with the bankruptcy plan and made required payments, they may receive a discharge of certain debts, meaning those debts are eliminated. However, some debts, like student loans and certain taxes, may not be discharged. If the debtor fails to adhere to the bankruptcy plan, the case may be dismissed, leaving them responsible for their debts.
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.
A $25,000 cash bond refers to a financial guarantee that a defendant must pay in full to secure their release from custody while awaiting trial. This amount is held as collateral to ensure that the defendant appears for all required court proceedings. If the defendant fails to appear, the bond may be forfeited, and the court can issue a warrant for their arrest. If the defendant complies with all court requirements, the bond is typically refunded at the conclusion of the case.
It depends on what the court is.
Court Line ended in 1974.
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.
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.
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.