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Can a chapter 7 bankruptcy discharge a civil judgment on a credit card debt?
Yes, unless the debt was fraudulent incurred. If the debt was fraudulently incurred, the creditor could file an action objecting to the discharge of that debt. One important thing to remember is that judgment LIENS will survive the bankruptcy unless the debtor files a petition under Section 522 of the bankruptcy code to remove the lien. If you file for bankruptcy, make sure you tell your attorney about any judgments against you so the attorney can investigate whether or not any liens exist.
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Yes, but judgment LIENS will remain in place unless you file the appropriate motion with the bankruptcy court. You definitely should see an attorney about this. Also, there ar…e new laws taking effect on 10/17/05 that will make it harder to file bankruptcy. You should file as soon as possible if you want to beat the deadline. Any debt that has a paper trail, including civil judgments can be included in a Bankruptcy. Broke means Broke, the courts don't care if its the oil company, or the landscaper, if they are included in the Bankrupcy filing, then they are in the dust for getting paid. You must submit this prior to the hearing in Federal court. Otherwise an amendment would have to be done and that's no easy task. Once the Bankrupcy is certified with the courts, nothing can be added or removed.
Can you get a civil judgment removed from your credit report if it was included and discharged in a bankruptcy even if the judgment date is later than the bankruptcy discharge date?
No, debts, liens, judgments incurred after a bankruptcy has been filed cannot be included and therefore cannot be discharged in the BK proceedings. I was informed that …if you had included this creditor in your bankruptcy, which was discharged, the creditor should have stoped all actions towards obtaining a judgment against you. I believe this judgment can be discharged by filing a discharge request with the court administrator and only then removed from the credit report. However, if you did not list this creditor on your bankruptcy, then it will prevail. Call the court administrator.
Can a credit card debt judgment still remain after a Chapter 13 bankruptcy plan was successfully discharged?
Answer The chapter 13 debtor is entitled to a discharge upon successful completion of all payments under the chapter 13 plan. The discharge has the effect… of releasing the debtor from all debts provided for by the plan or disallowed, with limited exceptions. Those creditors who were provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations. In return for the willingness of the chapter 13 debtor to undergo the discipline of a repayment plan for three to five years, a broader discharge is available under chapter 13 than in a chapter 7 case. As a general rule, the debtor is discharged from all debts provided for by the plan or disallowed, except certain long term obligations (such as a home mortgage), debts for alimony or child support, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. To the extent that these types of debts are not fully paid pursuant to the chapter 13 plan, the debtor will still be responsible for these debts after the bankruptcy case has concluded.
How do you remove a civil judgment that has been released by the courts from your credit report especially when the original debt was included in a chapter 7 bankruptcy?
Answer You need to get the release from the courts and send it to the credit reporting agency to ask for it to be removed.
Answer . yes but you still need to talk to a Bankruptcy attorney
Answer You can apply for anything you want. You must disclose your status by answering the credit application fully. The choice to grant you credit is the one is…suing it, and theirs alone.
Are all debts automatically discharge in chapter 7 bankruptcy for a bankruptcy that occurred in 1988?
If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.
Yes. As far as BK is concerned, they are just like any other debt.
Well - Yes & No. That person may be a creditor of YOURS, and your debt to them could be discharged and should be included in your BK filing (you owe them). But THEIR debt …to the cr card co is theirs...the Card co NEVER agreed to extend YOU credit, you don't owe them..they can't and never could try to collect from you...they don't know or care. Your friend loaned you money...just the same had he taken a cash advance on the card and handed it to you.
No type of bankruptcy, whether chapter 7, 11, or 13 discharges a civil or criminal judgment against you. Those are considered non-dischargeable debts and will remain with you… until you pay them. Be sure to familiarize yourself with what will and will not be discharged before filing for bankruptcy as you may find that much of your debt is nondischargeable in which case bankruptcy may not be the option for you.
Yes, unless the driver was intoxicated at the time of the accident, which could be grounds to have the judgment ruled non-dischargable.
In some instances, yes. If the debt was not for your principal residence, forgiveness through bankruptcy is considered income and, hence, taxable.
The debtor does not "file" a 1099C. The debtor may receive a 1099C from the creditor which also sends it to the IRS. The discharge of the debt in bankruptcy nullifies the 1099…C. There is a form or a part of the 1040 set for disclosing this information to the IRS.
Sure as long as there was no fraud involved. There are three types of debt you won't be able to get rid of Taxes, child support and student loans. Taxes dischargeable under ce…rtain criteria.
How can you get a civil judgment from creditor either off your credit report or show it was included in chapter 7 bankruptcy filing?
You cannot get it off of your credit report. You can get the accurate information that the account has been handled in Bankruptcy court on __ date. You need a copy of your ban…kruptcy judgement. This shows how many and what accounts were written off or still need payment. You can send copies of this to the 3 credit bureaus. USUALLY, this will help you get the problem mitigated. Not always though as the credit companies only need to respond to material sent in by their contracting clients. If this is the case, when you get a copy of your credit report, sent in a 100 word or less letter to all 3 credit bureaus telling them what the situation is and they must print that out in all your credit records. This may or may not help, but it is better than nothing by far.
Yes. It is the most common reason for filing for bankruptcy. If the judgment creditor had an execution issued and attached any equity in your home, you may have a problem.
If the accident was not caused by drug or alcohol or deliberately, the judgment can be discharged in bankruptcy. You cannot file just for the judgment. ALL creditors must be l…isted, and you might have to do a chapter 13.