Can a person be taken back to court after filing bankruptcy?

If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated.

1. Can a bankruptcy filing be reversed?
2. Will bankruptcy stop a Judgement?
3. Does bankruptcy affect pending lawsuit?
4. What happens if bankruptcy is not discharged?
5. Can I change my mind after filing Chapter 7?
6. What types of debts are not dischargeable?
7. Can Chapter 7 discharge court ordered Judgements?
8. Can creditors collect after Chapter 7 is filed?
9. How long does a bankruptcy take to discharge?
10. Does Trustee check your bank account?
11. How much cash can you keep when filing Chapter 7?
12. What happens to your bank account when you file Chapter 7?
13. Can a Chapter 7 be denied?

Can a bankruptcy filing be reversed?

Once a bankruptcy case is filed, whether Chapter 7 or Chapter 13, it cannot be completely reversed and will appear on a credit report for 7 to 10 years whether or not the case is actually completed. ... You will be asked to briefly explain why you want to dismiss the bankruptcy proceeding.

Will bankruptcy stop a Judgement?

Bankruptcy Will Discharge Most Lawsuit Judgments

If your lender obtains a judgment, it can garnish your wages or go after your assets to satisfy the outstanding judgment. Fortunately, filing for bankruptcy can stop the garnishment and wipe out your obligation to pay back discharged debts.

Does bankruptcy affect pending lawsuit?

In most cases, a debt arising from a judgment lawsuit can be discharged and an existing lawsuit is stopped as soon as you file bankruptcy. Even if your creditor has already taken action to garnish your wages, the garnishment can be stopped once your bankruptcy is filed with the government.

What happens if bankruptcy is not discharged?

If you do not get a discharge in your bankruptcy case, the effects of the automatic stay are no longer in force. As a result, your creditors can resume their collection activities, as you still legally owe your debts.

Can I change my mind after filing Chapter 7?

You do have the right to change your mind after filing bankruptcy, but this can be a lengthy and sometimes complicated process. ... You will then have the right to file bankruptcy at a later date if you needed to. You will need to provide the court with a sufficient reason for changing your mind.

What types of debts are not dischargeable?

Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.

Can Chapter 7 discharge court ordered Judgements?

If a creditor gets a judgment against you and the debt is dischargeable in a Chapter 7 bankruptcy, filing for bankruptcy will wipe out a creditor's ability to collect. Judgments, however, can create a lien on your property. ... So it's possible to wipe out a judgment in bankruptcy and remain obligated to pay the lien.

Can creditors collect after Chapter 7 is filed?

Can a debt collector try to collect on a debt that was discharged in bankruptcy? Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court.

How long does a bankruptcy take to discharge?

A Chapter 7 bankruptcy usually takes about four to six months from filing to final discharge, as long as the person who's filing has all their ducks in a row.

Does Trustee check your bank account?

You may be worried your bank will freeze your account as soon as it becomes aware of the bankruptcy but that rarely happens. ... Please be aware that your trustee does not have access to your personal account. A separate account is opened to manage your bankrupt estate.

How much cash can you keep when filing Chapter 7?

The answer is no: some cash can be exempted in a Chapter 7 case. For example, typically under Federal exemptions, you can have approximately $20,000.00 cash on hand or in the bank on the day you file bankruptcy.

What happens to your bank account when you file Chapter 7?

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.

Can a Chapter 7 be denied?

The rejection or denial of a Chapter 7 bankruptcy case is very unusual, but there are reasons why a Chapter 7 case can be denied. Many denials are due to a lack of attention to detail on the part of the attorney, errors made on petitions or fraud itself.