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	<title>Comments on: Should I drop my judgment due to my creditors chater 7?</title>
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	<description>Quick Answers to Bankruptcy Questions &#38; Understand How Bankruptcy Laws Affect You</description>
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		<title>By: mndapa1</title>
		<link>http://www.bankruptcy-help-resources.com/should-i-drop-my-judgment-due-to-my-creditors-chater-7/#comment-1509</link>
		<dc:creator>mndapa1</dc:creator>
		<pubDate>Sun, 28 Dec 2008 13:54:10 +0000</pubDate>
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		<description>I don&#039;t think its fraud...but its possible.   

After declaring bankruptcy, an &quot;automatic stay&quot; of  debts takes effect. Creditors will be served with notice of the bankruptcy, and, after receiving notice, will be barred from taking certain actions against you while the bankruptcy is pending. If they are contacted by a creditor after filing for bankruptcy, the are suppose to tell their  attorney -- it is important that their attorney know not only of improper contacts, but of any possibility that a creditor was omitted from the list of creditors you submitted with your bankruptcy petition, or of the possibility that notice was not properly served. 

A &quot;Fraudulent Transfer&quot; is the exchange of property prior to the filing of a bankruptcy petition for inadequate value, in an effort to shield the asset from the bankruptcy. Pursuant to the &quot;Uniform Fraudulent Transfer Act&quot;, a Court may bring certain property back into the estate, if it was improperly transfered. However, if property was sold for its reasonable market value, a Court cannot recover the property.

At the end of the bankruptcy process, all  debts are wiped out (discharged) by the court, except:

debts that automatically survive bankruptcy, such as child support, most tax debts, and student loans, unless the court rules otherwise, and 
debts that the court has declared nondischargeable because the creditor objected (for example, debts incurred by fraud or malicious acts). 

I think you need to contact the bankruptcy court and explain your circumstance to them....</description>
		<content:encoded><![CDATA[<p>I don&#8217;t think its fraud&#8230;but its possible.   </p>
<p>After declaring bankruptcy, an &#8220;automatic stay&#8221; of  debts takes effect. Creditors will be served with notice of the bankruptcy, and, after receiving notice, will be barred from taking certain actions against you while the bankruptcy is pending. If they are contacted by a creditor after filing for bankruptcy, the are suppose to tell their  attorney &#8212; it is important that their attorney know not only of improper contacts, but of any possibility that a creditor was omitted from the list of creditors you submitted with your bankruptcy petition, or of the possibility that notice was not properly served. </p>
<p>A &#8220;Fraudulent Transfer&#8221; is the exchange of property prior to the filing of a bankruptcy petition for inadequate value, in an effort to shield the asset from the bankruptcy. Pursuant to the &#8220;Uniform Fraudulent Transfer Act&#8221;, a Court may bring certain property back into the estate, if it was improperly transfered. However, if property was sold for its reasonable market value, a Court cannot recover the property.</p>
<p>At the end of the bankruptcy process, all  debts are wiped out (discharged) by the court, except:</p>
<p>debts that automatically survive bankruptcy, such as child support, most tax debts, and student loans, unless the court rules otherwise, and<br />
debts that the court has declared nondischargeable because the creditor objected (for example, debts incurred by fraud or malicious acts). </p>
<p>I think you need to contact the bankruptcy court and explain your circumstance to them&#8230;.</p>
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		<title>By: bostonianinmo</title>
		<link>http://www.bankruptcy-help-resources.com/should-i-drop-my-judgment-due-to-my-creditors-chater-7/#comment-1508</link>
		<dc:creator>bostonianinmo</dc:creator>
		<pubDate>Sat, 27 Dec 2008 02:56:48 +0000</pubDate>
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		<description>If he took out a loan while in bankruptcy without disclosing that fact, he may have comitted fraud.  Tell his attorney to contact yours about a settlement that will avoid prosecution for fraud.

If you can&#039;t afford an attorney, you&#039;ll probably lose out to this one.  See if you can find one who will take it on contingency.</description>
		<content:encoded><![CDATA[<p>If he took out a loan while in bankruptcy without disclosing that fact, he may have comitted fraud.  Tell his attorney to contact yours about a settlement that will avoid prosecution for fraud.</p>
<p>If you can&#8217;t afford an attorney, you&#8217;ll probably lose out to this one.  See if you can find one who will take it on contingency.</p>
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