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What should a bankruptcy debtor do if a creditor does demand payment of a debt that is listed in the bankruptcy schedules ?
If a creditor who is listed in the debtor’s schedules attempts in any way to collect a scheduled debt, the debtor should inform the creditor that a bankruptcy case has been filed and request that the creditor stop the collection efforts. If the debtor is represented...
If a debtor is behind in house or car payments, can Chapter 7 stop a foreclosure or repossession from taking place?
Whenever any bankruptcy case is filed, the creditors are usually stopped from taking action to collect the debts that were owed at the time of the bankruptcy. This feature of bankruptcy is called the "automatic stay." The automatic stay, if it applies, stops a...
How does Chapter 13 Bankruptcy Work?
Debtors in Chapter 13 keep all of their property, whether or not it is exempt, but they make regular payments on their debts out of the money that they earn after filing the bankruptcy case. These payments must be at least as much as would have been paid to creditors...
Do all creditors have to be listed on bankruptcy schedules?
Yes. All of the debts have to be scheduled, or listed, with the name and address of the creditors. This is so that they can receive notice of the bankruptcy, and get their fair share of any money that is paid to creditors. Sometimes debtors think that they should omit...
How to Hire a Bankruptcy Lawyer
It's not always the most expensive bankruptcy lawyers that are the best or the cheapest that are the worst. In most areas, the prices for filing bankruptcy are determined by the market. The filing fees and credit counseling fees are set fees. The attorney fee, in most...
What can be done if a debtor falls behind in payments after obtaining a Chapter 7 discharge? Can another bankruptcy case be filed?
The discharge in a Chapter 7 case only covers the debts that were incurred before the case was filed. The bills that a debtor incurs after the case is filed are not discharged. The hope is that, after their old debts are canceled by the discharge, debtors will be able...