After filing bankruptcy can you be sued for a debt (i.e broke lease) that you accumulated after your discharge?

Question by djennai2002: After filing bankruptcy can you be sued for a debt (i.e broke lease) that you accumulated after your discharge?
I need to break my lease and i have no money to purchase my lease out but i filed bankruptcy last year. Can the property management company succeed in suing me?

Best answer:

Answer by golferwhoworks
if they were not part of the filing you bet they can and will and they will win a judgment as well

What do you think? Answer below!

Creditor coming after me when the debt has been discharged?

shawn62279 Asked:
Creditor coming after me when the debt has been discharged?

A creditor has ruled against me, and I declared bankruptcy. The debt was discharged. I saw it on the local court record website, I live in Maryland, and it states it was released. They sent me a letter saying that they ruled against me on the same day the court stated he was fired. The letter came from the actual company, a collection agency. What is my recourse? Do I send you just a copy of documents or bankruptcy can I do something about them actually lie. Thank you!

Best answer:

Answer by Rod O
Send them a copy of the discharge in bankruptcy and let them know if they contact you again you will file a complaint with the bankrutcy court asking for judgement against them. Harrassing a mortal after the debt is discharged can get you a money settlement against the creditor.

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Denial of debt discharge in chapter 7 bankruptcy

A much wanted discharge of debt that a debtor gets mostly after filing for chapter 7 bankruptcy acts as a great source of relaxation for an indebted borrower. It releases the debtor form individualized liabilities for most of the debts and it also prevents the creditors from carrying on any further collection processes against the debtor. A debtor basically opts for bankruptcy chapter 7 as the last resort when he finds himself absolutely unable to pay even the reduced debt amount after debt settlement. The process of filing for bankruptcy chapter 7 is full of exceptions and complex formalities, which require an smart and competent Debt lawyers with his recommendations and advices. In nearly 99 percent of chapter 7 bankruptcy cases, the debt gets discharged by the court of law within 60 to 90 days from the first meeting date with the creditors. At rare cases however, the court can deny discharge to debt and thus can nullify the whole petition made by the debtor. Though the grounds for denial of debt discharge are narrow, the other probable reasons that drive the court to deny discharge to debt are as follows:
1. In cases when a debtor fails to produce sufficient proofs of income or financial records or he fails to pass the means and median test.

2. In cases when a debtor fails to satisfactorily explain any loss of assets.

3. In cases if the debtor has committed any bankruptcy crime such as perjury.

4. In cases of fraudulent transfer, concealment or destruction of the property of estates by the debtor or his side.

5. In cases of unfortunate to complete an approved instructional course concerning financial management.

Apart from these, there are certain debts that do not start under the jurisdiction of discharge by the court. However, most of the debtor’s debts can be discharged by the chapter 7 bankruptcy petition after fulfilling the stipulations and eligibility; some debts do not start under these criteria which are:
• Child support and alimony debt
• Taxes of certain kinds
• Education loans
• Criminal restitution debts
• Debts due to willful and malicious injury caused by the debtor to another mortal or property, or
• Debts due to injury or harm caused with a motor car by the debtor to another mortal or property under the effect of liquor or similar intoxication.
Under these above mentioned circumstances, the debtor will be liable to continue with the debt payment. However, the court is likely to discharge debt for these conditions until the creditors intrude with the law proceedings and prevails therein by producing proper witnesses and proofs against the debtor’s illegitimacy or adulteration of case.
Moreover, the court can revoke a debt discharge made under chapter 7 bankruptcy, if a trustee, creditor or the U.S. trustee request it to do so, on the grounds of false pretences and fraudulence by the debtor, marital misstatement or unfortunate of providing documents and other information regarding audit of the debtor’s case.

Denial-of-debt relief in Chapter 7 bankruptcy

I have a friend who filed bankruptcy and got thousands of dollars of credit card debt discharged?

red Asked:
I have a friend who filed bankruptcy and got thousands of dollars of credit card debt discharged?

What happened to all that debt?

Best answer:

Answer by discowu
Bankruptcy essentially means telling the court that you are absolutely unable to pay back the sums that you owe. The court either divides up your remaining assets to pay your creditors, or reorgnizes the debt to make it easier to pay. Debt that ends up being discharged basically means it is wiped out. Your friend will probably never have to pay it. However, the bankruptcy as a whole will reek havoc on his credit rating, making it near impossible to get loans for quite some years.

What do you think? Answer below!

what can credit card companies take if they get a judgement against you for unsecured debt?

jim s Asked:
what can credit card companies take if they get a judgement against you for unsecured debt?

My mom broke up Quite a bit of credit card debt is 75 years old and can not pay. What are their options?

Best answer:

Answer by Jelly Bean
Credit card companies can't take her social security for an unsecure line of credit even if they have a judgement. She really needs to file bankruptcy.

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Bankruptcy or Debt Negotiation ? What is Better ?

Outline: What Are You Looking For?
Bankruptcy Facts:
Avoid Foreclosure
Stop Wage Garnishing
Be Debt Free
Stop Creditors From Contacting You
Chapter 7 and 13 Optional
Alternative To Debt Relief
Helps To Stop Repossession
Interest-Free Debt Repayment Plan

Click here for Free Bankruptcy Evaluation

Debt Negotiation Facts:
Free No Hassle Quote
Reduce Credit Card Debt 40-60%
Debt Free in Less than 36 Months
One Easy Monthly Payment
Alternative To Bankruptcy
Save More Vs Credit Counseling
No Home Required
Credit Cards, Medical Bills, & Personal Loan Settlements

Click here for Free Debt Negotiation Evaluation

What is better, bankruptcy or debt negotiation?

Bankruptcy and debt negotiation are the two main ways that debtors use to get out of debt. If you file for bankruptcy, you will be fortified from your creditors, and might be healthy to get away from paying your debts. However, there are drawbacks. Firstly, if you have assets like real estate, these might be seized by creditors to pay off your debts. Next, you will receive a massive negative impact on your credit report in a bankruptcy. In a bankruptcy, the entire legal action will be recorded and consequently your credit report will be devastated. This means that you have no access to loans hereafter and it will take you many years before you can restore your credit ratings.

On the other hand, you discuss your dire financial circumstances to your creditors, in a  debt negotiation, convincing them than it is in their interest to accept a lesser amount as settlement since they will get nothing if you file for bankruptcy. Whether you succeed in negotiating your debt will depend very much on your negotiation capability or that of the professional counselor you hire. You could anticipate to eliminate 60% of your unsecured debt if the negotiation is executed well.

However, if you have a very massive debt, or a non dischargeable debt that causes so much stress that it interferes with your capability to work, parent, or sleep, then you should think about filing bankruptcy.

Bankruptcy or Debt Negotiation? Which is better?

Can I finance a motorcycle after a Chapter 7 bankruptcy discharge of debts.?

Question by Aldo3:
Can I finance a motorcycle after Chapter 7 bankruptcy debt.?

I want to get this Harley Davidson on a payment plan, but also to rebuild my credit rating. Can I go out now right after my current Chapter 7 discharge of Debts and buy this motorcycle. Will I get into any trouble with the Court, trustee or the creditors. Am I granted to do this or I have to move a while before I make any major purchases.

Best answer:

Answer by greeter7
If you had been smart to start with you would know. If the Chapter 7 has NOT been finalized you will get in trouble with the Court.

Add your own answer in the comments!

Which Debts Are Not Dischargeable Under Bankruptcy

A  key reason in filing for bankruptcy is to discharge your debts. When you file for bankruptcy certain debts are dischargeable and certain ones are not. The ones that are dischargeable means that you are free and clear from having to meet your obligations for them. Examples of debts that are usually not dischargeable are as follows:

If you have a substantial dollar amount of misdemeanor fines, these debts will usually not be discharged during a bankruptcy. People convicted of a misdemeanor are usually given a fine, a sentence in the local or county jail, or both. Examples of misdemeanor fines are traffic citations. So, if you have accumulated fines of 0, for instance, those fines are not dischargeable.

But what if you were to pay your 0 bill with a credit card or a cash advance from a card. If you were to do this and then file for bankruptcy, the credit card bill might very well be a dischargeable debt, depending on when you pay the fine. This illustrates the practical real life effects of bankruptcy on how you pay your debts.

If you have been fined for a Felony, in most cases those fines will not be eligible to be discharged – the same as misdemeanors. The difference in the two are the type of slammer that you will be sent to if you are force to serve slammer time. Under felony rules, you will be sent to a federal or say prison. Under misdemeanor rules, you will be sent to a country or local prison.

Property taxes are in a category of their own. Dependent on the circumstances, in some cases these debts will actually be discharged. This is usually the case where the taxes are more than a year old from the time you filed for bankruptcy. In practice, however, even where the property taxes are discharged, the effect on you is meaningless.

The reason for this is that you will continue to have a tax lien on your property. This means that the property won’t be healthy to be sold or transferred before somebody pays the taxes. In other words, as far at the taxes on your property are concerned, you are pretty much in the same place as you would be if you had never filed for bankruptcy.

Most people with large income tax debts don’t bother with bankruptcy because they believe that these debts aren’t dischargeable. And, mostly, that is true. But it really depends on the circumstances. For example, if the debt is old enough and certain other stipulation are met, you will be healthy to discharge your debt. But if the debt is more recent, you might not be healthy to.

Not only that, but contingent on the say in which you are making the bankruptcy filing, you might discover that the say taxes might or might not be dischargeable. In a bankruptcy where tax debts are involved, it is usually ideal to speak to a tax attorney and / or accountant.  One instance, however, in which they are never dischargeable is where you are involved in income tax fraud.

What debts under bankruptcy endorsement Dischargeable

A Steady Increase in Judgment Lien

The current economic downturn has caused a steady increase in judgment liens levied against defaulted debtors.  This is because the economic downturn has largely been driven and mortgage crisis and general demand of acquirable credit.  As banks and other financial institutions felt the pressure to generate cash and increase capital holdings, they began to call in all the risky and outstanding loans they had issued in previous years when credit was widely acquirable and cash holdings were strong.  However, since the economy has declined, those with outstanding loans and mortgages can't afford to repay those debts and have thus fallen behind on loan payments.  Desperate for cash, financial institutions have been forced to file lawsuits to recoup their financial losses.  This has led to an increase in judgment liens.

A lien, originally derived from the Latin word “ligament” which means to bond, is a legal claim on somebody else’s property.  It is issued by a court of law in order to repay a debt that has defaulted.  A lien can only be instituted through a legal case.  Therefore, the creditor or the original issuer of the debt must bring a law suit against the debtor.  This term is applied to a property in order to guarantee or secure the payment of a debt. In the United Says a lien has come represent a very broad range of financial encumbrances.  However, in other common-law countries, this term has a very specific security definition and is a passive right to retain the before mentioned property, but not the right to sell that property to reclaim a debt.

A judgment lien is a specific type of financial encumbrance that is one-of-a-kind to the Western world’s financial and legal apparatuses.  This term refers to the particular judgment that results from a legal suit and delineates the specific properties or assets that can be held and sold to repay a defaulted loan. Unlike other common-law countries where the debt or loan holder does not acquire the right to actively sell the property or asset, a judgment lien is an active fiscal encumbrance.  This means that the debt holder can not only hold the before mentioned property, but can also actively engage in understanding negotiations to help recoup potential losses due to bad or risky loans.

This particular financial encumbrance has been steadily increasing commonality due to the sudden economic downturn that has brought many debtors to edge of financial ruin.  Bankruptcy proceedings have sky-rocketed.  This increase is important when discussing judgment liens because, in many cases, when an individual declares bankruptcy debts and loans can be invalidated or, at the very least, significantly reduced.  Loan holders initiate legal proceedings to secure their debtors assets before bankruptcy proceedings remove those assets.

 
It is a clear sign that the economy has been severely crippled in the last few months when judgment liens increase.  These liens are often pursued as a last resort to regain some of the expected loss associated with a bad or risky loan.  They are costly to initiate and legal proceedings can sometimes last days or even weeks, further reducing the amount of money regained by the financial institution.

A steady increase Judgement Lien

More Default Judgement Articles

Satisfaction Of Judgement on Credit card company that was included on my Bankruptcy Discharge But still on?

azbluesman1962 Asked:
Satisfaction Of Judgement on Credit card company that was included on my Bankruptcy Discharge But still on?

I have a sentence for a credit card. It is on my credit report bankruptcy, but also as a verdict. I visited the Better Court and was advised to contact credit card company so that they could solve them. We are now in the last couple of days a home and the lender no credit when we do not get this solved. Any tips? Thanks

Best answer:

Answer by Dixie Darlin’
If the judgment was won and was put on your credit report prior to the filing and discharge of your bankruptcy then it will remain on your credit report. It will be granted to be reported for 7 years.

The judgment will not be removed but they do have to mark it as Discharged as part of the bankruptcy. Your bankruptcy does not erase accurate reporting, they just have to update the position of the judgment.

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