How do you collect a debt from a person who is declaring bankruptcy?
156962
Until the person actually files bankruptcy, you can proceed in attempts to collect the debt in any manner allowed by law.  Once the person files for bankruptcy, you must obey bankrupcy law and observe the restrictions of the automatic stay.\n\nIf the person files a Chapter 13 as you mentioned, they will be proposing a plan to pay back a portion of their debts over time.  With the new bankruptcy reform laws, attorneys are working harder to make sure all creditors are listed.\n\nOnce the bankruptcy has been filed, you can file a proof of claim even if you are listed as a creditor.  If there are are any assets or proceeds to be paid to creditors, you will receive your pro rata share.
240618
He is allowed to quit his job despite owing you money.  There are other means you can take to try to collect.  You can file a lien on any property he owns.  You can call him to court on something called a judgment debtor exam, and quiz him under oath about what he owns, examine his papers, and bank accounts.  You can take the contents of his wallet, or bank account, or his car.\n\nBut suing him again?  You've already sued him and are having trouble collecting?  What would be the point of suing him again?  (And, basically, you can't:  you already have won your case, and while there are ways to collect interest and costs associated with collecting your prior judgment, you have no new breach pf contract or infliction of emotional distress to claim.)
153746
when you go under chapter 7 you can finance a home the day you are discharged in most cases. To establish your credit you do need to get secured credit cards. Have someone you know and that trust you add you to their credit cards that always helps. Pay all your bills and accounts on time. When you go under chapter 12 that takes longer, you really can't do much until you are discharged. Chapter 12 takes longer to discharge because you have to pay back all your debt. Those payments all have to be on time along with your payments that are not in the bankruptcy.
479660
I would file tommorow if I was you, once they get a judgement you cant include them in your bankruptsy. I just filed in october and it was over in march. I downloaded the forms from gov.org website and did it myself, I filed it myself and included a form to ask the court for a payment plan for the court costs which were $187.00, to be made in payments. We filed chapter 7, and because we didnt have more than 25% equity in our home we got to keep it. We wernt behind on that bill. So we just keep on paying it like usuall. We got to keep one car for each of us. Both were already paid off. My husband had one judgement that was not allowed to be discharged. And our home equity loan and mortgage was not entered as a discharge, because we are still able to pay for that. We got $69,000 dollars worth of debts discharged (meaning we don't have to pay them)The day you file, you have to pay $50 dollars toward the total if you file the form asking for the payment plan. The forms are kinda hard to understand at first.The packet is about 20 pages. One ask to list all secured debts, which are home loans or car loans. And then you list all your unsecured debts on one page meaning credit cards and hospital bills and the like with all the totals and names and addresses of the debtors, and then a page to list your income and what your personal assets are like jewlery, art work etc. Just work one page at a time, you can do it. But work fast before the judgement, and don't tell them you are doing it. The day you file you and get a number you are protected from them harrassing you, calling you or sueing you. The papers are free to download of the government web page. You have to decide which one to file chapter 7, 11, 13 depending on you particular circumstances. 7 is total and if you own more that 25% equity in a home they can sell the home to satisfy the debtors. 13 is a repayment plan I think. And state to state has different rules. Now you have to have credit counciling to, I think. The second web site has the forms free to download and the rules of the credit counciling and a listing of the individual states that you would live in. I hope this has helped you. Remember the law was set up for you to help you, when you cant pay the bills. Dont let anyone shame you. Its your right to file..
792019
If you are in a Chapter 7 they can take certain things but usually not all your personal belongings. \n\n\nRead this page: \nhttp://www.expert-credit-advice.com/bankruptcy_facts.htm
839044
Here is a page that has all the facts regarding the new bankruptcy laws: http://www.expert-credit-advice.com/bankruptcy_facts.htm \n\n\nYou need to pass a means test to qualify for discharge..\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nBest answer?
938912
You can contact the creditor and settle the debt for less than what is owed, if the creditor is willing to negotiate with you.\n\nYou can also bring a civil suit against the creditor to demand they remove the debt from your report.  This will avoid the criminal charges against your family member by mearly requiring the creditor to prove the debt is yours in court.  Since it's not, they won't be able to prove it and a court will likely require it removed.  The burden of proof will be on them - not you.\n\nReally, if you get a lawsuit written by a lawyer and mail a copy to the creditor with a cover letter saying you intend on filing it in court, you will likely get them to cave to your demands without doing anything further.  No one likes to go through the expense and headache of a lawsuit over something that is probably a very small dollar amount.
1173074
call them all and set up payment plans\n\nor talk with a credit counseling/debt consolidation company\n\nbest of luck
626868
Contact your state's Attorney General. Their office should be able to give you all of the rules for debt collection in your state.
754008
your best bet is to pay them off yourself.  If its come to the point where you can't pay 'em, negotiate with your creditors, if they threaten you, threaten them back by replying that you are going to file bankruptcy because you can't keep up with interest payments, and they should be able to just all of a sudden come up with a payment plan....
269204
The date you file Chapter 7 Bankruptcy is the date any legal debt claims(except IRS) must stop. Any claims against you must be passed by the Bankruptcy judge for approval.\n\nThis is easy, if this judgment was obtained during the time between your filing date and your discharge date, and the debt was listed in your bankruptcy, you can write the court where the judgment was located and the credit bureaus and demand the removal from your credit report.\n\nIf the judgment creditor refuses to stop attempting to collect a discharged debt you can threaten legal action. You should have some information in your discharge papers to explain this.\n\nGood Luck
93587
First of all, don't panic about this yet.\n\nHow much is the debt?  What state?  Did the file in Small Claims or District Court.\n\nIs the summons even even legit?  Some collection agencies like tosend out prepared copies of the summons to scare you.  You can verify it by simply calling the court and giving the case number that should appear on the summons.  Was the summons legally served?  Was it mailed to you by certified mail/return receipt?  An improper service can get the case tossed out of court.\n\nGenerally you will need to bring any paperwork related to the debt.  Credit Card statements, related bills, etc.\n\nSince I don't know what state you are in let me explain how Michigan works.  Most should be similar.\n\nIf the judge finds that you owe the debt you will have 20 days to pay the debtor.  At that time, the judge will issue a discovery order requiring you to list all of your assets, income, and bank account information.  The debtor will then use this information to collect the debt.\n\nHe can garnish your wages or your bank account.  He can go after any of your property like a car or boat (assuming there are no other liens against it).  \n\nBe prepared to explain your case to the judge.  Tell him the reason for your default, and see if the judge can order a payment plan that fits into your budget.  Be sure to bring a copy of your last paystub and a list of your expenses to support your plea.   \n\nIf you have any evidence of the collector being abusive in his collection attempts, bring that also. \n\nIn one case I counseled, the collector was a total jerk.  The debt was around $3000, and the person was getting threats and calls at work, even after notifying them to stop.\n\nThe collector won his case, but the judge ordered payments of $5 a month.\n\nDo your homework before you go.
416154
the irs will make a payment arrangement and charge you interest. if the taxes are more than 3 years old, you may be able to file bankruptcy and have them discharged as well as your other debts.
362197
I"m so sorry for your loss.\n\nDid you go to a bankrutcy lawyer?  I would check with them.  If some of the debt included in the bk was soley his, you might not be responsibe.  If it hasn't gone through completely, you might be able to file hardships with creditors who will suspend rates or payments for a little while.  Also, the bankruptcy courts might be able to recalculate payments because of your lack of income.\n\nBasically, I would see a professional.  Maybe you can find a relative to help you with finding someone that will do it cheap/free.
1127799
Once it is filed, yes. Although a Chapter 13 you are paying debts off through the court. You fail to keep up the payments, your bankruptcy gets discharged back to the creditors to collect.
181914
Ask your bankruptcy lawyer, they will know.  It won't hurt to try.
664804
They will not discharge your bankruptcy until you do so.  The judge/trustee will dismiss it and collection procedures will begin again by your creditors.