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	<title>Comments on: Can Your Creditors Still Sue You After Bankruptcy?</title>
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		<title>By: carla</title>
		<link>http://www.askmrcreditcard.com/creditcardblog/can-your-creditors-still-sue-you-after-bankruptcy/comment-page-1/#comment-119980</link>
		<dc:creator>carla</dc:creator>
		<pubDate>Fri, 02 Oct 2009 19:59:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.askmrcreditcard.com/creditcardblog/?p=972#comment-119980</guid>
		<description>I let the company I work for use my personal credit card and the debit is up to 67,000.00.  The company is an LLC in Texas and not doing very well.  Is there anything I can do tomake sure my credit card gets paid off by my company?  Thanks</description>
		<content:encoded><![CDATA[<p>I let the company I work for use my personal credit card and the debit is up to 67,000.00.  The company is an LLC in Texas and not doing very well.  Is there anything I can do tomake sure my credit card gets paid off by my company?  Thanks</p>
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		<title>By: Kelly</title>
		<link>http://www.askmrcreditcard.com/creditcardblog/can-your-creditors-still-sue-you-after-bankruptcy/comment-page-1/#comment-113548</link>
		<dc:creator>Kelly</dc:creator>
		<pubDate>Sun, 26 Jul 2009 00:47:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.askmrcreditcard.com/creditcardblog/?p=972#comment-113548</guid>
		<description>My husband filed for bankruptcy several yrs after I had and claimed all of our medical on there.  The court accepted it and there was no disagreement by anyone.  The court paid out on the accounts and discharged the rest.  The hospital turned around and sued me for the total amount of the accounts.  Can they do that?
They also tried to garnish my checking account again even though they know I onle have disability.  Can they keep trying to garnish me when they know disability is all I have?
They also served me with papers to appear in court again and supply all my finacial stuff.  When I called their office to ask them what they wanted I was told they just needed a new payment schedule.  I informed them that they had not sent me a new one in 1 1/2 yrs.  But I had written down my payments on the old form and made all payments on time.  The form clearly says they will garnish you IF you miss a payment which I had not done.  Can they do this?
I mean sheesh, take me to court for a payment schedule and they know I&#039;m disabled.  Thanks for answers...</description>
		<content:encoded><![CDATA[<p>My husband filed for bankruptcy several yrs after I had and claimed all of our medical on there.  The court accepted it and there was no disagreement by anyone.  The court paid out on the accounts and discharged the rest.  The hospital turned around and sued me for the total amount of the accounts.  Can they do that?<br />
They also tried to garnish my checking account again even though they know I onle have disability.  Can they keep trying to garnish me when they know disability is all I have?<br />
They also served me with papers to appear in court again and supply all my finacial stuff.  When I called their office to ask them what they wanted I was told they just needed a new payment schedule.  I informed them that they had not sent me a new one in 1 1/2 yrs.  But I had written down my payments on the old form and made all payments on time.  The form clearly says they will garnish you IF you miss a payment which I had not done.  Can they do this?<br />
I mean sheesh, take me to court for a payment schedule and they know I&#8217;m disabled.  Thanks for answers&#8230;</p>
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		<title>By: Mary</title>
		<link>http://www.askmrcreditcard.com/creditcardblog/can-your-creditors-still-sue-you-after-bankruptcy/comment-page-1/#comment-109752</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Fri, 12 Jun 2009 19:23:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.askmrcreditcard.com/creditcardblog/?p=972#comment-109752</guid>
		<description>I have a former tenant who chose not to pay their rent.  They filed for bankruptcy in May 2008 and it closed in March of 2009.   I have a judgement against them for $3000 dated 6/5/2009.  This dismissal has not yet bee set.  

The former tenant says he is &quot;re-opening his bankruptcy&quot; and adding this debt to it.  Is this possible to leverage this in this manner even after the bankruptcy is closed?</description>
		<content:encoded><![CDATA[<p>I have a former tenant who chose not to pay their rent.  They filed for bankruptcy in May 2008 and it closed in March of 2009.   I have a judgement against them for $3000 dated 6/5/2009.  This dismissal has not yet bee set.  </p>
<p>The former tenant says he is &#8220;re-opening his bankruptcy&#8221; and adding this debt to it.  Is this possible to leverage this in this manner even after the bankruptcy is closed?</p>
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		<title>By: Mary</title>
		<link>http://www.askmrcreditcard.com/creditcardblog/can-your-creditors-still-sue-you-after-bankruptcy/comment-page-1/#comment-109751</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Fri, 12 Jun 2009 19:19:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.askmrcreditcard.com/creditcardblog/?p=972#comment-109751</guid>
		<description>This was extremely helpful but I have a question or clarification.</description>
		<content:encoded><![CDATA[<p>This was extremely helpful but I have a question or clarification.</p>
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		<title>By: Shelley</title>
		<link>http://www.askmrcreditcard.com/creditcardblog/can-your-creditors-still-sue-you-after-bankruptcy/comment-page-1/#comment-106490</link>
		<dc:creator>Shelley</dc:creator>
		<pubDate>Mon, 04 May 2009 14:08:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.askmrcreditcard.com/creditcardblog/?p=972#comment-106490</guid>
		<description>Hi, I am recently separated and my ex left me with a huge mortgage payment, and major debt.  When we were together he borrowed a huge amount of money from his parents and now they are expecting me to pay half of the debt back.  I paid off most of our debt except this one and the mortgage.  The house is in foreclosure and his parents are threatening to take me to court for amount owing.  After the foreclosure my ex will probably force me into bankruptcy with him as he can&#039;t affort to pay anything back. What are my options?</description>
		<content:encoded><![CDATA[<p>Hi, I am recently separated and my ex left me with a huge mortgage payment, and major debt.  When we were together he borrowed a huge amount of money from his parents and now they are expecting me to pay half of the debt back.  I paid off most of our debt except this one and the mortgage.  The house is in foreclosure and his parents are threatening to take me to court for amount owing.  After the foreclosure my ex will probably force me into bankruptcy with him as he can&#8217;t affort to pay anything back. What are my options?</p>
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		<title>By: David Gibson</title>
		<link>http://www.askmrcreditcard.com/creditcardblog/can-your-creditors-still-sue-you-after-bankruptcy/comment-page-1/#comment-104923</link>
		<dc:creator>David Gibson</dc:creator>
		<pubDate>Mon, 20 Apr 2009 14:17:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.askmrcreditcard.com/creditcardblog/?p=972#comment-104923</guid>
		<description>My attorney has filed my petition for bankruptcy and my hearing is scheduled for May 14, 2009.  When looking on line at my credit card accounts, I notice that they have almost all disappeared except for one.  Suddenly, Bank of America has come up with a whole new account number and is claiming an amount due of approximately $5,000.  I claimed the two accounts I had with them in my petition for bankruptcy and this new account number is NOT one of the two I claimed.  They have gone ahead and MADE UP an entirely NEW account number.  It appears that I am now responsible for paying that new account.  Is that possible?  Please advise.</description>
		<content:encoded><![CDATA[<p>My attorney has filed my petition for bankruptcy and my hearing is scheduled for May 14, 2009.  When looking on line at my credit card accounts, I notice that they have almost all disappeared except for one.  Suddenly, Bank of America has come up with a whole new account number and is claiming an amount due of approximately $5,000.  I claimed the two accounts I had with them in my petition for bankruptcy and this new account number is NOT one of the two I claimed.  They have gone ahead and MADE UP an entirely NEW account number.  It appears that I am now responsible for paying that new account.  Is that possible?  Please advise.</p>
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		<title>By: mary</title>
		<link>http://www.askmrcreditcard.com/creditcardblog/can-your-creditors-still-sue-you-after-bankruptcy/comment-page-1/#comment-103647</link>
		<dc:creator>mary</dc:creator>
		<pubDate>Thu, 09 Apr 2009 16:31:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.askmrcreditcard.com/creditcardblog/?p=972#comment-103647</guid>
		<description>I have a few corrections...

This above comment does not apply to everyone but it does apply to Jenna and similar cases.

The township does not get the taxes either, but I still donot get anything.

MY HUSBAND HAS TO WORK ANOTHER 4 1/2 YEARS AND SAVE REALLY HARD TO RECOUP OUR RETIREMENT!</description>
		<content:encoded><![CDATA[<p>I have a few corrections&#8230;</p>
<p>This above comment does not apply to everyone but it does apply to Jenna and similar cases.</p>
<p>The township does not get the taxes either, but I still donot get anything.</p>
<p>MY HUSBAND HAS TO WORK ANOTHER 4 1/2 YEARS AND SAVE REALLY HARD TO RECOUP OUR RETIREMENT!</p>
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		<title>By: mary</title>
		<link>http://www.askmrcreditcard.com/creditcardblog/can-your-creditors-still-sue-you-after-bankruptcy/comment-page-1/#comment-103630</link>
		<dc:creator>mary</dc:creator>
		<pubDate>Thu, 09 Apr 2009 14:25:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.askmrcreditcard.com/creditcardblog/?p=972#comment-103630</guid>
		<description>People like you make me sick!!!  Just the thought that you can wake up one day and be cleared of all of your problems while the rest of us clean up your mess just disgusts me!!!  I sold my house and as a nice person I held a 2nd mortgage and paid settlement costs for the newlyweds with a baby.  I actually paid the mortgage company some money so that they could get a good start. Well needless to say, 18mos later they decided not to pay anymore bills.  They hadn&#039;t paid me most of that time either. That is pretty much the end.
They claimed bankruptcy and 2 months later I am out $40,000!  The first bank gets to sell the house and the township gets their taxes.
Meanwhile...they both work, had a ton of lights, decorations and trash at their house on Christmas, a new car, a new apartment....

HOW IS THIS FAIR?  THEY ARE LIVING OFF OF MY HUSBANDS RETIREMENT MONEY!  NOW HE HAS TO WORK ANOTHER 2 YEARS BEFORE RETIREMENT!

I HOPE YOU ARE PROUD OF YOURSELF.  Have a nice day</description>
		<content:encoded><![CDATA[<p>People like you make me sick!!!  Just the thought that you can wake up one day and be cleared of all of your problems while the rest of us clean up your mess just disgusts me!!!  I sold my house and as a nice person I held a 2nd mortgage and paid settlement costs for the newlyweds with a baby.  I actually paid the mortgage company some money so that they could get a good start. Well needless to say, 18mos later they decided not to pay anymore bills.  They hadn&#8217;t paid me most of that time either. That is pretty much the end.<br />
They claimed bankruptcy and 2 months later I am out $40,000!  The first bank gets to sell the house and the township gets their taxes.<br />
Meanwhile&#8230;they both work, had a ton of lights, decorations and trash at their house on Christmas, a new car, a new apartment&#8230;.</p>
<p>HOW IS THIS FAIR?  THEY ARE LIVING OFF OF MY HUSBANDS RETIREMENT MONEY!  NOW HE HAS TO WORK ANOTHER 2 YEARS BEFORE RETIREMENT!</p>
<p>I HOPE YOU ARE PROUD OF YOURSELF.  Have a nice day</p>
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		<title>By: Louis Wein</title>
		<link>http://www.askmrcreditcard.com/creditcardblog/can-your-creditors-still-sue-you-after-bankruptcy/comment-page-1/#comment-101697</link>
		<dc:creator>Louis Wein</dc:creator>
		<pubDate>Sat, 21 Mar 2009 06:39:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.askmrcreditcard.com/creditcardblog/?p=972#comment-101697</guid>
		<description>Sir:

I am a 100% disabled veteran. My wife and I 67 and 68 years old, repectively. Of our 7 children, one died; five are adults; and, one remains our dependent attending college. He is 21. I served 18 years in the United States Marine Corps (4 years enlisted Active Duty; 2 years enlisted Inactive Reserves; and, 13 years as an Reserve Officer. 

I was on extended Active Duty when I suffered a near-death injury. I began treatment with the VA for PTSD in April 2003. I filed my Disability Claim in Novemeber 2003 for PTSD and physical medical issues directly related to my military service. In September 2006, I was awarded 100% disability compensation on a disability rating of 130%. It took over 3 years to process my claim. Normal time frames for processing a claim was 6 to 8 months. 

In March 2005,my wife and I were forced into filing a voluntary, individual Chapter 7 Bankruptcy in 2005 (under the BA of 1978 as amended) due to the nonfeasance by the NY Regional Office of the VA (recently learned due to misconduct/corruption as widely reported in the media/press). 

I am not an attorney but filed PRO SE. I attended the 341 Hearing about a month after filing. I advised the Trustee that I had pending litigation involving a personal injury matter dating to 2003. 

At the time of filing, we were insolvent. Our income was about $3,000 a month and our expenditures about $6,000 a month. $1100 of income was from Social Security Disability.  We had absolutely no assets. We had at that time a minor child living with us (who now attends college and remains our dependent).

In July 2005, I received a DISCHARGE from the Bankruptcy Court (EDNY). From the time of the 341 hearing in April 2005 until Janurary 19, 2009, I had not heard from the Trustee (even though I was listed as a Pro Se filer). On that day, I was advised that the original trustee vacated his trusteeship; that a new trustee had taken over; and, that their existed $26,000 in unsecured, non-priority claims.  I learned this from my personal injury attorneys (who were never listed as attorneys of record for the Bankruptcy).

I disputed the claims listed in the Registry of Claims with the new Trustee noting that they were dated 16 months AFTER my discharge and about 20 months AFTER the Court Notice for Creditors to file objections to discharge.  I also noted that one claim was listed as &quot;secured&quot; but that is false. The only secured loan I had was for my home for which I paid &quot;IN FULL&quot; the mortgage due in September 2002. 

Since 2003 until 2009, I received NO communication from the Trustee or the Office of Trustee. I did receive a Court Clerk Notice that my status had changed due to &quot;DIVIDENDS&quot; received, but (1) I never received any &quot;DIVIDENDS&quot;; (2) this notice was dated more than a year after my DISCHARGE; (3) there were NO objections filed to my Discharge; (4) there exist no Section 523 or Section 727(a) Exceptions; (5) the Registry of Claims indicates that these creditors filed their claims more than a year after the discharge; there is NO proof or justification of claims; (6) the 2 largest claims were &quot;charged off&quot; more than 5 years BEFORE my filing for Bankruptcy; etc, etc. 

My personal injury attorneys notified the new Trustee that my personal injury case was going to trial. the Trustee objected to the trial stating she was going to FORCE a settlement so that creditors could be paid. 

I represented myself at the NYS Supreme Court hearing (Staten Island) taking the position that my trial should proceed. It was only at this hearing that I learned that defendent&#039;s Allstate Insurance attorney offered a $150,000 settlement. [I was initially advised of an offer of between $25k and $75k). The judge ruled that the matter belongs in Bankruptcy Court (I refute this citing both Statutory and Case Law). 

So now, following 3 surgeries; more than a dozen invasive medical procedures; six years of continuing treatment sustained in the personal injury --- the Trustee is adamant in coercing a forced settlement in which I will receive less than the personal injury attorneys and after settling the Trustees estate less than $40k. 

A review of awards and settlements for the 3 surgeries (not including the SPINAL injuries sustained for which 4 VA Neurosurgeons recommend surgery)averages between $550,000 and $2.4 million.

I claim a DISCHARGE is a DISCHARGE. The Trustee argues differently.
 
I claim that Statutory Time Limits prevent non-secured creditors from making any new claims.  The Trustee argues otherwise.

I claim the existence of many procedural (FRCP and FRBP) have been violated. The Trustee disagrees.

I claim my Constitutional Right to trial by Jury (7th and 14th Amendments) have been violated by the Trustee. She disagrees.

I have asked the Trustee to agree to a Conference with the Judge pursuant to the FRBP. She refuses and is adamant in filing a Motion.

The Trustee refuses to provide &quot;Proof of Claim&quot; which involves the specifics of the debt; agreements signed; when signed; by whom signed; under what auspices I incurred these debts, etc. 

I currently have income of about $4,600 a month (from VA Disability and Social Security). My current monthly expenses are about are about $4,100 a month (rent,utilities, food, etc.).

I called the Pro Se Office at EDNY for assistance and advice. I also wanted to be put into contact with a PRO BONO attorney. I&#039;ve heard nothing in 4 weeks. 

I could use some advice. Thanks,</description>
		<content:encoded><![CDATA[<p>Sir:</p>
<p>I am a 100% disabled veteran. My wife and I 67 and 68 years old, repectively. Of our 7 children, one died; five are adults; and, one remains our dependent attending college. He is 21. I served 18 years in the United States Marine Corps (4 years enlisted Active Duty; 2 years enlisted Inactive Reserves; and, 13 years as an Reserve Officer. </p>
<p>I was on extended Active Duty when I suffered a near-death injury. I began treatment with the VA for PTSD in April 2003. I filed my Disability Claim in Novemeber 2003 for PTSD and physical medical issues directly related to my military service. In September 2006, I was awarded 100% disability compensation on a disability rating of 130%. It took over 3 years to process my claim. Normal time frames for processing a claim was 6 to 8 months. </p>
<p>In March 2005,my wife and I were forced into filing a voluntary, individual Chapter 7 Bankruptcy in 2005 (under the BA of 1978 as amended) due to the nonfeasance by the NY Regional Office of the VA (recently learned due to misconduct/corruption as widely reported in the media/press). </p>
<p>I am not an attorney but filed PRO SE. I attended the 341 Hearing about a month after filing. I advised the Trustee that I had pending litigation involving a personal injury matter dating to 2003. </p>
<p>At the time of filing, we were insolvent. Our income was about $3,000 a month and our expenditures about $6,000 a month. $1100 of income was from Social Security Disability.  We had absolutely no assets. We had at that time a minor child living with us (who now attends college and remains our dependent).</p>
<p>In July 2005, I received a DISCHARGE from the Bankruptcy Court (EDNY). From the time of the 341 hearing in April 2005 until Janurary 19, 2009, I had not heard from the Trustee (even though I was listed as a Pro Se filer). On that day, I was advised that the original trustee vacated his trusteeship; that a new trustee had taken over; and, that their existed $26,000 in unsecured, non-priority claims.  I learned this from my personal injury attorneys (who were never listed as attorneys of record for the Bankruptcy).</p>
<p>I disputed the claims listed in the Registry of Claims with the new Trustee noting that they were dated 16 months AFTER my discharge and about 20 months AFTER the Court Notice for Creditors to file objections to discharge.  I also noted that one claim was listed as &#8220;secured&#8221; but that is false. The only secured loan I had was for my home for which I paid &#8220;IN FULL&#8221; the mortgage due in September 2002. </p>
<p>Since 2003 until 2009, I received NO communication from the Trustee or the Office of Trustee. I did receive a Court Clerk Notice that my status had changed due to &#8220;DIVIDENDS&#8221; received, but (1) I never received any &#8220;DIVIDENDS&#8221;; (2) this notice was dated more than a year after my DISCHARGE; (3) there were NO objections filed to my Discharge; (4) there exist no Section 523 or Section 727(a) Exceptions; (5) the Registry of Claims indicates that these creditors filed their claims more than a year after the discharge; there is NO proof or justification of claims; (6) the 2 largest claims were &#8220;charged off&#8221; more than 5 years BEFORE my filing for Bankruptcy; etc, etc. </p>
<p>My personal injury attorneys notified the new Trustee that my personal injury case was going to trial. the Trustee objected to the trial stating she was going to FORCE a settlement so that creditors could be paid. </p>
<p>I represented myself at the NYS Supreme Court hearing (Staten Island) taking the position that my trial should proceed. It was only at this hearing that I learned that defendent&#8217;s Allstate Insurance attorney offered a $150,000 settlement. [I was initially advised of an offer of between $25k and $75k). The judge ruled that the matter belongs in Bankruptcy Court (I refute this citing both Statutory and Case Law). </p>
<p>So now, following 3 surgeries; more than a dozen invasive medical procedures; six years of continuing treatment sustained in the personal injury &#8212; the Trustee is adamant in coercing a forced settlement in which I will receive less than the personal injury attorneys and after settling the Trustees estate less than $40k. </p>
<p>A review of awards and settlements for the 3 surgeries (not including the SPINAL injuries sustained for which 4 VA Neurosurgeons recommend surgery)averages between $550,000 and $2.4 million.</p>
<p>I claim a DISCHARGE is a DISCHARGE. The Trustee argues differently.</p>
<p>I claim that Statutory Time Limits prevent non-secured creditors from making any new claims.  The Trustee argues otherwise.</p>
<p>I claim the existence of many procedural (FRCP and FRBP) have been violated. The Trustee disagrees.</p>
<p>I claim my Constitutional Right to trial by Jury (7th and 14th Amendments) have been violated by the Trustee. She disagrees.</p>
<p>I have asked the Trustee to agree to a Conference with the Judge pursuant to the FRBP. She refuses and is adamant in filing a Motion.</p>
<p>The Trustee refuses to provide &#8220;Proof of Claim&#8221; which involves the specifics of the debt; agreements signed; when signed; by whom signed; under what auspices I incurred these debts, etc. </p>
<p>I currently have income of about $4,600 a month (from VA Disability and Social Security). My current monthly expenses are about are about $4,100 a month (rent,utilities, food, etc.).</p>
<p>I called the Pro Se Office at EDNY for assistance and advice. I also wanted to be put into contact with a PRO BONO attorney. I&#8217;ve heard nothing in 4 weeks. </p>
<p>I could use some advice. Thanks,</p>
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		<title>By: jose</title>
		<link>http://www.askmrcreditcard.com/creditcardblog/can-your-creditors-still-sue-you-after-bankruptcy/comment-page-1/#comment-93998</link>
		<dc:creator>jose</dc:creator>
		<pubDate>Fri, 02 Jan 2009 21:16:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.askmrcreditcard.com/creditcardblog/?p=972#comment-93998</guid>
		<description>can a crediter cakk my sisters house because im in dept with capital one credit card they keep calling my house but im always at work . but i think its against the law to call a family member because there telling my sister how much i owe on my dept and everything can u give me an answer i live in mass.</description>
		<content:encoded><![CDATA[<p>can a crediter cakk my sisters house because im in dept with capital one credit card they keep calling my house but im always at work . but i think its against the law to call a family member because there telling my sister how much i owe on my dept and everything can u give me an answer i live in mass.</p>
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