What To Expect From Your Creditor When You File Bankruptcy

October 17th, 2008 by Reed Allmand

When filing for either Chapter 7 or Chapter 13 bankruptcy there are few things that you can expect from your creditor.

  1. The creditor will stop all collection actions against you. This means that when you file for bankruptcy the creditor will not call, send you letters or try to seize your bank accounts or garnish your wages.
  2. The creditor will file a claim against your assets in the bankruptcy court.
  3. The creditor may challenge your right to discharge the debt in bankruptcy.
  4. The creditor may claim that you are hiding assets or that you have transferred assets in order to avoid repayment of debts. If the creditor can prove this your bankruptcy case may be dismissed.
  5. Secured creditors will most likely ask for a "relief from stay" caused by the bankruptcy filing. If the judge grants this relief to the secured creditor they will have power to seize assets such as a car that still has payment obligations.
  6. A creditor will also closely monitor your bankruptcy case and if it is dismissed, they will most likely quickly resume collection actions against you.

About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand

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    Why do I need to submit a new wage order when I modify my plan

    When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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    If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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