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If you filed a civil suit before chapter 13 was filed and then won the civil suit while still in chapter 13 can the trustee get any of the money?
Wiki User
∙ 18y ago
It depends on the type of lawsuit and whether or not you are entitled to claim any of the proceeds as exempt. In most cases, state law determines what property you get to keep when filing for bankruptcy. This is called "exempt" property, meaning it is exempt from being used to benefit your creditors. The general rule in a Chapter 13 is that all nonexempt property belongs to the estate, including property acquired after the filing the Chapter 13. However, the debtor generally remains in possession of the property. If you properly disclosed the existence of the lawsuit in your BK filing, the Chapter 13 plan approved by the Court likely has some language addressing the lawsuit. You need to read the Chapter 13 plan to see what it says on the subject.
Wiki User
∙ 18y ago
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Can you lease a car in chapter 13 bankruptcy without getting permission from the trustee?
You will need permission from the trustee before doing anything financial while in chapter 13 bankruptcy. You will have already signed paperwork agreeing to full disclosure with your trustee when you filed.
Will bankruptcy trustee take pain and suffering settlement?
If (a) you filed Chapter 7 *AND* (b) the injury occurred *AFTER* you filed, no. Otherwise, you should discuss it with your bankruptcy attorney.
Can you get the money back that was garnished before you filed chapter 7?
Yes, but it must be listed correctly in your bankruptcy paperwork. It must be listed as both an asset and must be exempted for the trustee to return funds to you.
Do i have to give tax refund tpchapter 13 that was filed last 2013?
If the Chapter 13 Bankruptcy is still active you probably will need to turn over this to the Chapter 13 Trustee. At the least you need to ask the Trustee about the refund amount and if it must be submitted or not.
If my debt is only in my name and I file chapter 7 in Georgia would my refund be taken if I file my tax return jointly with my husband?
If you filed a Chapter 7 and it has been discharged your tax refund will not be taken. It will only be taken if you have filed a Chapter 13 and that is entirely up to the Trustee.
What does Z - NPOC in a chapter 13 bankruptcy?
NPOC is short hand for "no proof of claim filed." The Z may be a term assigned by the Trustee, so you should call the trustee's office and ask what it means.
What is your liability to harassing creditors if after six years your Chapter 13 bankruptcy was dismissed by the trustee?
If your Chapter 13 was dismissed, meaning you did not complete your Plan, then you are essentially right back where you started before you filed for bankruptcy. The creditors can pursue you for the debts without any legal ramifications.
Can you quit your job before filing chapter 7?
Only if you have filed chapter 6.
Can a chapter 13 trustee force you to sell your house?
A chapter 13 involves a plan you and your attorney have proposed to the creditors for them to object or not and the court to allow if no objections are filed. The C. 13 trustee does not "force" you to do anything, other than propose a fair plan according to your income and expenses
Can the terms of your Chapter 13 bankruptcy be changed if you become pregnant unexpectedly?
A "motion to modify" a chapter 13 can be filed for almost any reason. Contact the BK trustee for the exact procedures required.
One month after your chapter 7 debts were dismissed you won some money would you have to contact the trustee?
Technically, a "dismissed" Chapter 7 case does NOT discharge your debts; but you say "debts were dismissed", so I assume it's a true discharge (like most bankruptcies). If you mean "won" as in winning a sweepstakes or lottery, the trustee can't touch it since you weren't legally entitled to it when you filed. However, if you won a lawsuit over something that occurred before you filed, it should have been included in your estate; unless it was exempted in your filing (rare), the trustee is entitled to it.
How do you find out when you filed chapter 7 bankruptcy?
You can find out when you filed for Chapter 7 bankruptcy by checking the public records at the bankruptcy court where your case was filed. You can also contact your bankruptcy attorney or the trustee assigned to your case for this information.
