In addition,
discharged debts listed on your credit report must be listed as discharged.
Not exact matches
Some
debts that are
listed are not
discharged (e.g. most student loans, child support obligations, recent taxes).
Contrary to popular belief, simply having
listed the
debt in the bankruptcy papers doesn't determine whether or not the
debt was
discharged.
But this explanation probably won't satisfy most lenders demanding «the
list of
discharged debts.»
Simply looking at the filed papers to see if a
debt was
listed does not tell you if the
debt was
discharged.
A banker called me yesterday, asking for «a
list of all the
debts that were
discharged» in my client's bankruptcy a couple of years ago.
If a creditor is still trying to collect a
debt after you received your
discharge because you failed to
list them in your bankruptcy schedules please give us a call.
If you
listed a
debt and you received a
discharge, then you are no longer responsible or liable for that
debt.
In the credit accounts section, look for entries like delinquencies or other adverse information more than seven years old, a late payment notation when you've paid on time, a
discharged bankruptcy
debt still showing as owing and closed accounts incorrectly
listed as open.
Technically, according to bankruptcy laws, there is no way a
listed creditor in a bankruptcy can legally collect on a
debt that has been
discharged.
The
discharge effects all
debts,
listed in your bankruptcy or not, that existed at the time of filing.
Section 523 of the Bankruptcy Code
lists debts that are excepted from
discharge.
Depending on your district, if you fail to
list a creditor in a no asset Chapter 7, the
debt to the creditor may still be
discharged.
In a Chapter 13, if you do not
list the creditors, you can not
discharge a
debt to them.
For example, the bankruptcy code
lists 19 categories of
debts that can not be
discharged, although some categories are only barred from
discharge if a creditor successfully challenges the
discharge.
For example, if you receive child support you will need to have proof of that (i.e. copy of your separation / divorce agreement and the last three months bank statements showing the payment of the child support to you) or if you have experienced bankruptcy you will need to provide a
list of
debts paid off with a copy of your bankruptcies
discharge papers.
Check out 11 USC 1328 (a)(2) which gives a
list of
debts that are not
discharged in a Chapter 13.
First, if the creditor knows that the debtor has filed a bankruptcy case, even if the creditor wasn't
listed in the bankruptcy schedules, that
debt can be
discharged.
Failure to
list a $ 0 balance for
debt that was
discharged in bankruptcy, or showing a
discharged debt as still owing
I always thought a chapter 13 Bankrupcy was for 7 years, however in 2001 I had a Chapter 13 and it was dismissed 5 months later as I left out an electric bill I think is what they said so I had to pay off all the
debts that were
listed in this chapter 13 and not only did we pay everything off but then to find out that because they dismissed the bankrupcy that I had to keep the bankrupcy on my credit report for 10 years even though if it had been
discharged it would only be 7.
Chapter 7 has 19 categories of
debt that will not be
discharged; chapter 13 has a smaller
list.
When your
debt is
discharged, a bankruptcy clerk will notify all your creditors
listed on your petition, that the
debt you owe has been
discharged.
If a creditor is not
listed on bankruptcy documents, the
debt will not be
discharged.
Debts which are not eligible for discharge are listed under the Bankruptcy Code 11 U.S.C. § 523 and include fraudulent Actions, student loans (unless payment will impose an «undue hardship» to such an extent that the debtor will not be able to maintain even a minimal living standard), child and spousal support, current tax obligations, and debts from willful and malicious injuries to persons or property or debts for personal injuries caused from the debtor's operation of a motor vehicle while under the influence of alcohol or d
Debts which are not eligible for
discharge are
listed under the Bankruptcy Code 11 U.S.C. § 523 and include fraudulent Actions, student loans (unless payment will impose an «undue hardship» to such an extent that the debtor will not be able to maintain even a minimal living standard), child and spousal support, current tax obligations, and
debts from willful and malicious injuries to persons or property or debts for personal injuries caused from the debtor's operation of a motor vehicle while under the influence of alcohol or d
debts from willful and malicious injuries to persons or property or
debts for personal injuries caused from the debtor's operation of a motor vehicle while under the influence of alcohol or d
debts for personal injuries caused from the debtor's operation of a motor vehicle while under the influence of alcohol or drugs.
In a leaked memo, Sallie Mae officials have
listed preserving the inability to
discharge education
debt in bankruptcy as their second-most important goal.
In Chapter 7 bankruptcy, a typical credit card
debt is
listed in the bankruptcy filing and
discharged by operation of law if the person filing bankruptcy complies with all requirements such as attending the meeting of creditor and taking the post filing debtor education course.