If someone files suite against you after your debt has been discharged do you have to show up in court?
Cocky for no reason coachs Asked:
If someone files suite against you has been discharged of your debt you have before you for justice?
Can you hire a lawyer to talk for you in court or do you have to show up in person? I had a debt cleared in Bankruptcy Chapter 7 and discharged. I was served with papers over a year after the discharge. My BK lawyer stated it is a discharge violation and he recommended going after the assets of the individuals that continue to try and get the money…is that just lawyer talk or should I do this….Can I just hire a lawyer to do all this for me or do I have to actually go to court myself?
Best answer:
Answer by BR
You are much superior off allowing your attorney to do this for you. You don’t have to, but bankruptcy is a highly techinical area and your lawyer is the one to go.
Give your answer to this question below!
Will my bankruptcy chapter 7 unsecured debt discharge of 09 affect my tax return?
Question by Angelwing: Will my bankruptcy chapter 7 unsecured debt discharge of 09 affect my tax return?
Best answer:
Answer by efflandt
What do you mean “affect”. I don’t think they can suck it up directly, but you might be required to turn over some or all of it to your trustee (depending upon when bk was discharged), since it could have been used to pay your creditors sooner if you had proper tax withholding.
What do you think? Answer below!
Chapter 7 Exemptions and Chapter 13 Dischargeable Debts
The range of exemptions is different in apiece Chapter and varies from say to state. What are some of the most significant and basic discharge for Chapter 7 and Chapter 13 Bankruptcy?
Chapter 7 Bankruptcy Exemptions
Chapter 7 bankruptcy also known as ‘straight’ or ‘liquidation’ bankruptcy is the means to help individual debtors clear up their debts. Most of individual debtors’ unsecured debts are dischargeable, such as utility bills and remuneration garnishments, individualized loans, medical bills, older tax debts, judgement stemmed from automobile accidents; credit card, payable loans, and deficiencies on reclaimed vehicles. However, Chapter 7 bankruptcy do not discharge individual debtors on student loans, debts sustained by fraud or deliberate illegal behaviour, current taxes, debts to partner resulting from divorce, criminal fines or reimbursements, family support and drunk driving verdicts.
In most cases, Chapter 7 bankruptcy exemptions protect all of debtor’s property. Exemptions normally take statement of debtor’s tools, certain items of individualized property, work equipment, residence, vehicle, and several other properties. If exemptions do not protect all of your property as required by law, the individual debtor’s court-assigned bankruptcy trustee has the power to clear up the debtor’s non-exempt debts to pay off the creditors.
Individual debtors are to consult their bankruptcy lawyer about their state’s exemptions.
Chapter 13 Bankruptcy Exemptions
In Chapter 13 bankruptcy, debts that are not dischargeable encompass old taxes, for which no return was filed, family support, student loans, drunk driving verdicts, and reimbursements. Exemptions in Chapter 13 are similar to that of Chapter 7 with few advantages as well. For instant, the individual debtor can enforce a ‘debt management’ plan on creditors. This plan, which halts the running of interest on credit card debt, is irreversible and must be accepted by creditors. Chapter 13 grants time for the individual debtor to pay off his or her liabilities, which is not permissible in either chapter, such as eliminating a portion of lien, curing defaults on home mortgages, and eliminating current taxes. Chapter 13 can be regarded as a court enforced debt management plan as the discharge in this chapter covers many debts, comparing to Chapter 7.
Another important thing that you should comprehend when filing for bankruptcy: There is no way one can file for bankruptcy online. You can make research online to superior comprehend how to file for bankruptcy, get an inner understanding of bankruptcy laws, or download a bankruptcy form, but you can't apply for bankruptcy online. No bankruptcy court acknowledges Chapter 7 bankruptcy application online. If you thought you could then, you are mistaken, be prepared to take on this legal process as a physical challenge as the virtual mode is not made acquirable yet. There are multiple sites, which will give you tips on how to file bankruptcy, or connect you with a bankruptcy lawyer.
