Filed 10 years ago not realizing this was a secured debt and included it in chapter 7. No one ever contacted me for a reafirmation or to see what I wanted to do with it. My attorney never mentioned the lien. Is there anyway to get it removed? I thought the chapt 7 got rid of it.
I agree with Timothy Denison below; hire an attorney to file a Motion to Reopen the Case, then a Motion to Avoid the Lien. Find a local attorney who has handled these before, as each Court is a little different on procedure, etc.
No, creditors are not supposed to try any collections actions while the automatic stay is in effect. Be aware, however, that if you are keeping the real property subject to the property taxes you speak of, you do need to get those taxes current at some point in order to keep said real property....Read more »
She filed back in October 2017. She listed me as a Creditor. I told her I wanted nothing to do with her financial problems and issues. I emailed her attorney and stated so as well. I never heard anything back until today (2/16/18). Turns out they continued to list me. Is this fraudulent, and should... Read more »
the case. Car was repossessed after we telephoned repo-man. Our bank is sending us Notices of their plan to sell property. They state date of auction and mention we may purchase the car that we abandoned? During our appointment with the Trustee he also mentioned that records showed car was... Read more »
It very likely means that the Trustee abandoned his interest in the vehicle; ie, he is not interested in pursuing it as an asset of your estate. This doesn't mean much for you, you really just need the debt to be discharged, which it should be once your bankruptcy goes through. Best of luck...Read more »
I plan to file Bankruptcy Chapter 7 soon. A company has filed the lawsuit against me and is not the original creditor. They bought the debt from the original creditor. Can I still add this to my bankruptcy? and if so, who do I list (the original or the purchaser or both)?
Absolutely, and you should list all your creditors on the proper Schedules. Error on the side of listing too many than too little; add the lawyers for the creditor, the creditor, the collections place for the creditor, etc.
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