Notify your attorney. If its a reasonable amount of money, get an attorney if you don't have one. Sometimes they can get you some wiggle room. If you don't want an attorney, contact your Trustee, who will most likely demand the (or most of the) money. Do not just ignore it. You can get hit with fraud under Federal Law. It is virtually always your absolute obligation under the terms of your bankruptcy, and the promises you made to the court and judge, to report it to the trustee one way or another. (It probably should have been on your schedules as an at least possible asset).
The allegation of fraud in a complaint in a lawsuit does not prevent the discharge of the underlying claim. The creditor would have to object to discharge in the bankruptcy court on the grounds of fraud and prove to the court's satisfaction that there was fraud of the kind that bars discharge
If it's a small-claims case, answer that the debt was discharged in bankruptcy and attach a copy of the discharge order. Otherwise, contact an attorney to either provide a similar answer *or* take the creditor to Federal court for violating the discharge.
Contact your attorney. Depending on the situation, he/she may add it to the bankruptcy (it may be easier to discharge it than fight it), object to the claim, or file an "adversary proceeding" (a lawsuit within the bankruptcy case) to bring it before a judge.
The safest option is to contact the bankruptcy trustee for guidance. Generally monies received as a personal injury award are exempt. However, the determination of the status of such, is made by the bankruptcy court.
Of course.
Yes. Whether it will discharge the award isn't certain...and of course EVERYTHING YOU OWN AND EVERYTHING YOU OWE...no picking and chosing...is included in the BK.
The only option for stopping a lawsuit and/or obtaining relief of judgments is filing bankruptcy. Otherwise, once a creditor has filed a lawsuit against you and you receive notice of the hearing, or recovered a judgment against you, you cannot stop the process.
no
bankruptcy - chapter 11
You are required to list all assets when filing for bankruptcy in Missouri. This includes property assets as well as monetary assets. You need to include, in the list, the monetary value obtained through a previous lawsuit. The courts require you to report any checking or savings accounts, but you may keep around $2,000. The courts however may consider money placed in an IRA account, pension fund or a children's college exempt. I would recommend that you talk to an experienced bankruptcy attorney to get more details. I recommend the Missouri Bankruptcy Center from missouri-bankruptcy.com. They have good experienced attorneys. Source(s):http://missouri-bankruptcy.com
Perhaps, but if it is a personal injury suit it is not likely. Debts that are dischargeable in bankrupcy are all subject to interpretation of the trustee in accordane with federal or state bankruptcy laws. Likewise, all such decisions by the trustee can be appealed in BK court.
For filing bankruptcy? No. Filing for bankruptcy is not illegal and your right to do so cannot be waived by contract.For fraud? Yes, but the fraud would have to be proven.For the money you owe? Possibly, but pointless, since they are already a creditor and a successful lawsuit will only make them a creditor, which they were to begin with. It wouldn't even raise their standings in the priority of repayment from the bankruptcy discharge.