Yes … if the bank holding the account allows it. When a person files for bankruptcy, depending on the type of bankruptcy filed, all loan and credit collections must stop. All bank accounts and assets must be identified by the debtor to a court appointed trustee (chapter 7) or court official / judge (chapter 13) […]

Your well-paid lawyer is the initial source of information here. In a Chapter 7 bankruptcy, the trustee is the second source of information. That lacking, one can always go back to the court itself for understanding and clarity. There are quite a lot of contributions on many sites about this situation. Unfortunately, there is a […]

This question raised a lot of conflicting information from online contributors. A “pre-petition” debt existed before the bankruptcy, by definition. Research identified that only “pre-petition” debt can be discharged in a bankruptcy. The point about the debt being overtly listed versus “automatically included” is the great unknown. Research did not find any conclusive situations where […]

The shortest answer to this question is “Yes”. As usual, a debtor must present a case and then be approved by the courts for bankruptcy. The presenting of the case is not a slam-dunk either. Once allowed, bankruptcy, by law, stops, or “stays” all collections and garnishments due to judgments. All collection actions must stop. […]

Be aware that the rules covering judgments and bankruptcy are somewhat different in nearly every state, but there are some aspects that are generally similar. Because in the fairly recent past people declared bankruptcy just to not pay what they owed, many states altered the rules to put more accountability on the debtor. One of […]

A number of different sites and many (unfortunately) experienced contributors provide a rather solid view of getting to the point of a default judgment, what you can do at the hearing on a default judgment, what typically happens after a default judgment occurs, what you can still do after a default judgment occurs against you, […]

In general, “yes”, a financial institution holding a mortgage can sue for full repayment of the loan amount outstanding on a mortgage where the debtor has defaulted. When a house is foreclosed, and sold, and the sale does not raise enough money to pay off the loan, the institution can then file for a deficiency […]

First, find out from the bankruptcy trustee if your savings account was on the list of seized assets that are to be liquidated to satisfy the creditors under your bankruptcy ruling. If the account was not on that list, then notify the trustee about what happened to get that money returned to you. Seized assets […]

This is a very difficult concept for many people to understand. Several lawyer site profess having trouble getting clients to see the difference between a debt and its lien on an asset. As always, the best recommendation when dealing with foreclosures and / or bankruptcy is to discuss your situation with a lawyer in your […]

First, seriously consider hiring a lawyer who knows the foreclosure and multi-mortgage law in the state of Colorado (or, your particular state). Each state varies in some way. Next, in a foreclosure, the holder of the first mortgage gets paid off first (of course), then, if any money from the foreclosure sale is left, it […]

The repossession laws for bankruptcy involving a car will differ due to the type of bankruptcy and depending on the value of the car. With a Chapter 7 bankruptcy, non-exempt assets, like your car, are taken as a part of the “bankruptcy estate” during the bankruptcy process. These assets are usually sold with the proceeds […]

By definition, bankrupt means: An entity judged by a court to be unable to pay its debts, whose property is taken and disposed of for the benefit of creditors. A lot of different views exist out there in Web-land on this question. Many ask back, “What do you mean ‘if’?” meaning that they believe or […]

First of all, Chapter 7 and Chapter 13 bankruptcies have very different rules. This article is only dealing with Chapter 7 bankruptcy. On the question, it is always good to check with the lawyer who filed your bankruptcy. That is why you pay the lawyer. Essentially, it goes to the trustee. A refund is an […]