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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15689
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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in penna, if a person files for bankruptcy and neglects to

Resolved Question:

in penna, if a person files for bankruptcy and neglects to include a person that was granted civil judgement; and pursues to collect monies through an execution sale by constable, and def shows that they filed bankruptcy, is that considered a stay of execution...also, if same person has traffic fines owed to said court, are they protected by the filing of bankruptcy to pay fines if warrant of arrest is issued
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 2 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

That is not considered a stay if the person was not listed in the bankruptcy,

WALLSTREETESQ :

the individual would have to file a motion to add that debt and creditor onto their petition.

WALLSTREETESQ :

Under Chapter 7, traffic tickets are non-dischargeable under Section 523(a)(7) of the Bankruptcy Code, which specifically states that fines and penalties owed to and for the benefit of governmental units are non-dischargeable. This includes traffic tickets and other criminal (or punitive) fines.

WALLSTREETESQ :

A warrant of arrest is not stopped by a bankruptcy filing,

WALLSTREETESQ :

a civil enforcement is, if the debt is listed

Customer:

with your statement concerning traffic tickets, would that include parking tickets, that have gone to warrant because of failure to respond, or if def plead guilty made a pay plan with magistrates office and fail to pay for said parking tickets.

Customer:

i'm sorry i accidently hit the enter on board, sent my message...i thought under chapter 13, that parking tickets could possibly be dismissed...

Customer:

sorry, did it again, last part of the question...would it be the same if on a landlord tennant, not listed in request for relief by def....i've heard that many constables would not evict if a bankruptcy was filed as supersedes, yet not listing landlord as creditor...now i will hit enter

WALLSTREETESQ :

a chapter 13 filing if the creditors are listed, would stop a civil warrant, not a criminal warrant

WALLSTREETESQ :

tickets would have to be paid in a chapter 13 but over a 60 month period

WALLSTREETESQ :

A bankruptcy would stop an eviction if the landlord is listed,

WALLSTREETESQ :

if the landlord is not listed the automatic stay would not apply to the creditor, the bankruptcy could stop and eviction, and some enforcement officers do not take a chance if a bankruptcy is filed, but in legal terms if the creditor is not listed it has no affect

WALLSTREETESQ :

All collection activity must cease if it is civil collections, but the sheriff needs to be made aware, of the bankruptcy filing, so in practical terms it would be good practice to cease all collections and an eviction, until the bankruptcy case is over, or the creditor who was not listed actually files a motion to the court asking for relief of the stay.

WALLSTREETESQ :

11 U.S.C. � 523(a)(3) states, generally, that a debt that is not listed in a debtor’s schedules is not discharged if the unlisted creditor has a claim for fraud, theft, or a willful or malicious act against the person filing bankruptcy, or where the creditor could have received a distribution of monies by participating in the case.

WALLSTREETESQ :

The law clearly states an unlisted debt results in a creditor not receiving notice of the bankruptcy case. As such, an unlisted creditor is not enjoined by the Automatic Stay provisions prohibiting any collection activity in either a chapter 7 or chapter 13 case. The issue is if the constable knows of the bankruptcy filing and the creditor is not listed what to do, in that case the prudent thing would be to cease collections,

Customer:

i totally agree with your last sentence...your professionalism shows in your answers.

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15689
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

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