While it may be uncommon for the actual BK to be protested, it is very common, almost standard (especially in C-11), that creditors protest the proposed resolution or division of assets. They do so to get a bigger piece of the pie for themselves, and they are frequently successful. While it may be uncommon for the actual BK to be protested, it is very common, almost standard (especially in C-11), that creditors protest the proposed resolution or division of assets. They do so to get a bigger piece of the pie for themselves, and they are frequently successful.
During your 341 hearing, creditors have the right to be present and examine you on several issues. In reality creditors rarely appear at these hearings. In most instances no creditor will appear unless they believe you are hiding assets or committing fraud.
Filing for Chapter 7 bankruptcy forces all of your creditors to stop harassing you, as all proceedings are temporary put to a halt while the bankruptcy is processed. However, you typically have to take the initiative and show proof of your bankruptcy to the bank for them to stop harassing you.
Normally, no. Sometimes you are required to show for some proceedings such as: Relief from Stay hearings sometimes 2004 exams any adversary proceeding Normally you never see the bankruptcy judge, just the Trustee.
341 is the section of the bankruptcy code that provides for a meeting of creditors. Though creditors is the name of the meeting, it is rare creditors show for the meeting. Really what this meeting is a meeting with the bankruptcy trustee assigned to your case. The trustee reviews your papers and would liquidate any property that is not exempt. Typically, most people don't have any non-exempt assets and the case is a no asset case. The trustee at the 341 meeting asks questions to see if the debtor has any assets he would be interested in, that the debtor is telling the truth and the papers are done correctly. The trustee, if satisfied, will file a report with the judge who then signs off on the debtor's bankruptcy discharge.
You can up and until you do it, most people say why it doesn't matter? I found that it did matter, because the late payments also show for 7 years.
The creditor does not waive the lien on your auto simply because they did not appear at the 341 meeting of creditors. It is your responsibility to reaffirm (new contract) or surrender the auto. There are situations that may exist where you can avoid their lien if the liened property is not properly perfected. Bankruptcy is not black & white. It is strongly advised that you seek counsel.
No. Bankruptcy discharge does not mean the money isn't owed. It means that creditors cannot attempt to collect it. The money will always be owed. Accounts included in bankruptcy will stay on the cr marked included in bankruptcy, for the full seven years.
Yes. It will show that you filed bankruptcy and that the bankruptcy was dismissed.
This would be the best case scenario for your credit report, but it does not happen automatically. Hopefully, your bankruptcy attorney was diligent about informing all creditors included that their debts were discharged. If not, and you still have derogatory information showing that was included and discharged in a bankruptcy; then you need to send letters of dispute to the creditors and the credit bureaus. Follow up to make certain that nothing shows on your credit report except for the legal entry of bankruptcy, its disposition (the discharge) and all trade lines have no negative information except for the "included in..." or "discharged through..." notation.
They might, but it would do them no good as long as your bankruptcy goes through to discharge. If they were listed as a creditor on your bankruptcy, the automatic stay prevents them from pursuing you for the debt, or late fees and monthly fees related to the debt. However, if your case is dismissed for some reason before a discharge is granted (because, for example, you fail to show up at the meeting of creditors), none of your creditors will go away, and all late fees and monthly fees will continue to accrue.
The bankruptcy itself will show up on reports very soon after it is FILED. The discharge itself is not reported, just the public record of the bankruptcy itself.
If one files for bankruptcy in the United States, you do not have to prove that you are, and you do not have to be insolvent. Therefore, you are bankruptcy in a legal sense if you filed for bankruptcy. If you want to prove that you are NOT bankrupt all you have to show is that you have not filed for bankruptcy. If you meant insolvent, rather than bankruptcy, to prove that you are not insolvent you would have to show that your income exceeded your debts.