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No. The debt is simply discharged so you don't owe it.

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Q: Do you receive a refund if you owe one of the creditors on your bankruptcy?
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What happens if you miss your meeting of creditors in a California Chapter 7 bankruptcy?

You will probably receive one more chance. You need to have your lawyer contact the bankruptcy trustee and see if it can be rescheduled.


Is the nonfiling codebtor invited to attend the creditor meeting in a Chapter 7 case?

Codebtors must be listed in the bankruptcy, and put in the list of creditors if you want the codebtor to receive notices. No one is "invited" to the creditors' meeting, but notices are mailed to all the creditors, which/who may attend if they wish.


Can one put car payments on their bankruptcy?

You not only can, you must. All creditors must be listed in any bankruptcy filing.


Can you file for a tax refund while in a chapter 7 bankruptcy?

Yes, you still have to file your taxes as usual. Any refund will probably be appropriated by the trustee and treated as a nonexempt asset, which will be used for repayment of creditors. Adding As indicated, this is one of your assets and must be disclosed to the creditors committee as something they can use to pay your debts. They will probably ask about it if you don't provide it. They've seen it many times before.


How can creditors size a tax refund check one year after filing chapter 7 bankruptcy?

The answer depends on who the creditor is and the status of the debt. If the debt was a student loan or other non-dischargable debt, then your tax refund can be taken. If the debt WAS discharged, ANY collection action of any kind on a discharged debt is a violation of the permanent injunction of the discharge and therefore illegal. If the creditor was not included on the creditor matrix, then informing them of the bankruptcy and discharge of the debt may be all that is necessary to have the refund returned to you. In other cases it may be necessary to file a Motion for Contempt against the creditor in bankruptcy court. This would require the re-opening of the bankruptcy.


What are the alternatives to filing for bankruptcy?

One option to avoid filing bankruptcy is to simply do nothing. If one has no income and no assets, they are considered "judgement proof" and typically creditors will not file legal action against them as there is nothing for the creditors to recover. Other alternatives include informal or formal negotiations with one's creditors, consolidating debt, or restructuring debt (essentially refinancing the original loan).


What are the alternatives to filing bankruptcy?

One option to avoid filing bankruptcy is to simply do nothing. If one has no income and no assets, they are considered "judgement proof" and typically creditors will not file legal action against them as there is nothing for the creditors to recover. Other alternatives include informal or formal negotiations with one's creditors, consolidating debt, or restructuring debt (essentially refinancing the original loan).


What Are Chapter 13 Bankruptcy Exemptions?

Although most debtors keep all their property after filing a Chapter 13 bankruptcy, debtors must file exemptions when applying for this type of bankruptcy just like they do when they file for Chapter 7 bankruptcy. Filing exemptions in a Chapter 13 bankruptcy is for the benefit of creditors rather than the debtor himself. The exemptions inform the creditor of how much she is entitled to and allows her to compare the settlement of the case with the settlement the creditor would receive if the debtor filed Chapter 7 bankruptcy instead.Best Interest of Creditors TestU.S. bankruptcy law requires Chapter 13 bankruptcy applications to pass the "best interest of creditors test." Creditors involved in a Chapter 13 bankruptcy must receive at least as much from the bankruptcy as they would if the debtor filed Chapter 7 bankruptcy instead. The bankruptcy trustee performs this test by deducting the debtor's exemptions from the full value of the estate to determine how much the estate would be worth if the debtor filed Chapter 7 bankruptcy. Creditors may receive more from Chapter 13 than they would from Chapter 7, but they may not receive less from Chapter 13.Determining Payment AmountChapter 13 exemptions, or more specifically, the best interest of creditors test, are also used to determine how much the debtor must pay over the lifetime of the plan. To make this determination, the bankruptcy trustee compares three numbers. The best interest of creditors test, or the non-exempt value of the estate minus administrative costs, is one of these three numbers. The total amount of priority claims, such as alimony, child support and back taxes owed, is another number the bankruptcy trustee looks at, as is the debtor's disposable income, or income after payroll taxes each pay period. The bankruptcy trustee takes the biggest of these numbers and divides it by the life of the plan to determine how much the debtor must pay each month.ConsiderationsChapter 13 bankruptcy may be attractive to some debtors because debtors are at low risk of losing their property through this arrangement and there are no income limitations on this type of bankruptcy. However, debtors cant file for Chapter 13 bankruptcy if they have such large exemptions that the bankruptcy will fail the best interest of creditors test. In addition, Chapter 13 bankruptcy negatively affects the debtor's credit for seven years and requires debtors to pay the bankruptcy trustee on a monthly basis.


What is the definition of bankruptcy?

It is a legal process that one uses to protect themselves from creditors, while a court and trustee use their power to resolve, frequently by discharging, the obligation to creditors.


How does a person file for chapter 11 bankruptcy?

To file chapter 11 bankruptcy one must propose a plan and then must find creditors to agree with this plan. Then, the person must take the plan and creditors to bankruptcy court where the judge will decide whether the plan can work or not. As long as the judge and all the creditors agree then that person can follow through with the plan and be in chapter 11 bankruptcy.


If you received a tax refund in April of 09 and filed a chapter 7 bk in June of 09 can they take your refund you receive in 2010?

No. It was not part of your "bankruptcy estate" as of the date of filing and is not one of the items that have to be reported if received within 6 months of filing. Especially if you do file your return until April.


Bankruptcy and taxes?

Taxes, like all other liabilities/debts, (or asset if your awaiting a refund) must be included in your filing. They may receive a preferential handling, but ultimately are normally discharged or resolved one way or another.