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Is it legal for a credit company attorney to be sending relief from stay motion papers directly to the creditor instead of the attorney which represents the creditor that has filed chapter 13?
Wiki User
∙ 18y ago
If a creditor files a motion for relief from stay in any bankruptcy proceeding, the papers should be served on the debtor's attorney of record.
Wiki User
∙ 18y ago
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Can a creditor come after you after a Chapter 7 for any reason?
Only if you opened a new account with them. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
Who gets paid last in a Chapter 13 Bankruptcy?
In a Chapter 13 Bankruptcy who gets paid last? Creditors, Trustee, their attorney or their lender? ALL ADMINISTRATIVE COSTS - TRUSTEE, ATTORNEY ARE PAID FIRST - BEFORE ANYTHING ELSE. The others sort of depend...a lender is a creditor...if a secured lender...probably before any other.
If the amount of claim on Schedule F of bankruptcy shows no dollar amount does this mean that the debt is not included in the bankruptcy?
If its a Chapter 7 case, the debt most likely will be discharged. If its a Chapter 13, the amount is used for plan calculation. In either case, the debt is "included". If the creditor is not paid under the Ch 13 plan, there may be a problem there. (Depending on if the creditor cares) Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
Can a debt collector demand payment for an amount that has been included in a chapter thirteen bankruptcy?
If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.
Is there a fine against a credit attorney for contacting the creditor instead of the creditor's attorney when chapter 13 was filed?
The filing of a petition under Chapter 13 "automatically stays" most collection actions against a debtor or a debtor's property. For so long as the stay is in effect, creditors generally cannot even make a telephone to demand for payment to a debtor. The automatic stay should be respected and taken seriously. Section 362(h)of the Bankruptcy Code provides that an individual injured by any willful violation of a stay shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages. If the creditor was unaware of the Chapter 13 bankruptcy, then it was an innocent mistake and no action is warranted. If the knew of the bankruptcy and contacted you anyway, then consult with your attorney to see if penalties are appropriate under the circumstances.
Can a creditor ask for purchased product as collateral in chapter 7 bankruptcy?
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).
If you are not listed as creditor on chapter 11 bankruptcy?
File a proof of claim
Can the IRS request to have your chapter 13 switch to a chapter 7?
Sure...any creditor can. Not at all sure why they would!
I filed chapter 13 to save my car from being repossessed. I incorrectly said I owed 15k on the car but I really only owed 12.5. Doesnt the atty confirm the amount of the debt with the lender?
Whose attorney? Yours? No, he waits for the creditor to file a proof of claim. The creditor is supposed to send him a copy, but somehow they often "forget."
When a car get reposed in California can you file chapter 7 to get creditor of your back?
Yes.
Can a creditor or government agency automatically demand payment after a chapter 13 dismissal?
no
How long after you file a chapter 7 are you supposed to turn over property or do you wait for the meeting of the creditors so the court can tell you?
In the case of a home, it will be sold at Sheriff sale on its own. (or the Trustee may sell it) In the case of any other property, the Trustee must abandon the property, then the Creditor will contact you (or your attorney if you have one) to arrange to get the item. If its a car, or some other type of personal property, you can sometimes accellerate the process by calling the creditor's attorney. (Or the creditor if they don't have one) Ask the Trustee at your 341 hearing (meeting of the creditors) what he/she thinks. They may abandon it right there.
