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My fiance filed chapter 11 bankruptcy and now we want to get married can the court trustee demand more money?
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Can a trustee find out from the IRS about a recent 1300 gambling winning if you are going to file Chapter 7 in a month and can he or she demand this money even if you've already spent it?
The trustee will look at your entire financial situation based on the information that you provided in your bankruptcy filing and supplemental documentation, but I am unaware of any ability or authority foro the trustee to be able to get information from the IRS. You are LEGALLY REQUIRED to disclose the winnings when you file for bankruptcy. Failure to do so would be bankruptcy fraud and could result in the denial of your discharge if this information comes to the attention fo the court and/or the trustee. If you made preferential payments to creditors, the trusted might ask for a refund of those payments to be distributed to all of your creditors.
What are the differences between Chapters 7 and 11 and 13 bankruptcies?
There is a big difference between these two. Chapter 7 is known as a debt liquidation bankruptcy whereas chapter 13 is debt restructuring. Chapter 7 involves getting the majority of your debts discharged (although not all are an option) and chapter 13 reorganizes your debts and the court sets up a payment plan.
In New Jersey can the mortgage company demand full payment if you become late or past due after chapter 7 bankruptcy?
Yes...AFTER BK provides NO protection or change in you obligation
How do you find out if an Oklahoma Trust is still in existence?
The first step would be to ask the trustee. If the trustee is not forthcoming, you would need to demand and possible sue for an accounting.
What should you do if you receive a monetary award from a class action lawsuit after your bankruptcy hearing and prior to discharge?
Notify your attorney. If its a reasonable amount of money, get an attorney if you don't have one. Sometimes they can get you some wiggle room. If you don't want an attorney, contact your Trustee, who will most likely demand the (or most of the) money. Do not just ignore it. You can get hit with fraud under Federal Law. It is virtually always your absolute obligation under the terms of your bankruptcy, and the promises you made to the court and judge, to report it to the trustee one way or another. (It probably should have been on your schedules as an at least possible asset).
Can married couples file bankruptcy separately in Illinois?
A married couple can file for bankruptcy separately in Illinois, as it is not uncommon for one spouse to have a significant amount of debt in their name only. However, if spouses have debt they want to discharge that they're both liable for, they should file together. Otherwise, the creditor will simply demand payment for the entire amount from the spouse who didn't file. When a married couple face bankruptcy, they can file jointly, one can file while the other doesn't or they can file separately at the same time.
If you have a promissory note from a person who filed for bankruptcy in Texas can you still recover the money you were owed?
No. In fact, if the debt is paid after a bankruptcy has been filed the entire bankruptcy can be considered invalid and all other debtors will be able to demand payment.
How long should a beneficiary of a Trust expect to wait before hearing from the Attorney who is handling the paperwork for the Trust?
Forever. The attorney doesn't represent you. He / she represents the trustee of the trust. The attorney advises the trustee, and probably should advise the trustee to make disclosure to the beneficiaries (unless the trust instrument waives that duty for the trustee). However, the attorney doesn't control the trustee; he / she only advises the trustee. If you want information, you are going to have to ask for it. If you get no response in a reasonable about of time (say 10 days), you may have to demand it and possibly sue for an accounting.
Can a debt collector demand payment for an amount that has been included in a chapter thirteen bankruptcy?
If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.
Can a bankruptcy trustee take possession of a car or demand the car value because a lien 'was not perfected in timely manner'?
Yes, the Trustee can and it does happen. Every creditor that has a secured lien must file the appropriate paperwork with the appropriate state agency and in most states, doing it within a certain number of days. Normally 20. If they don't do it timely, the Trustee can avoid the lien because it is voidable. In bankruptcy, Trustees have the power to void certain types of liens and unperfected or faulty-perfected liens are one of them. What to do? Easiest is to give the car to the Trustee. Then you may want to consider a separate cause of action against the car dealership for faulty perfection filing. May be able to recover the fair value of your use of the car. You won't have to pay the note back on the car. More opinions from FAQ Farmers: * Probably. You always have the right of appeal, though. And then a judge would decide if it is allowable.
How safe is GMAC Demand Notes?
GMAC demand notes are not a reliable bet until the Government is no longer a stakeholder, when the government is no longer rewriting contracts, and not until after the bankruptcy is complete.
Can a creditor or government agency automatically demand payment after a chapter 13 dismissal?
no
