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However, if the debtor owes a significant amount, you may want to consider pursuing the debt in bankruptcy court. Even in a best-case scenario — as a securedcreditor — you could be waiting up to six years to receive payment. Put a halt to any collection efforts while marking the account as bankrupt. Get the Facts.
Under the law, creditors cannot communicate with the debtor if they have filed for bankruptcy. Instead, you can hire an experienced debt collectionagency to discuss how to take the case further. . Several times debtors’ obligations are way higher than their assets and resources. Do the math.
In the case of a Chapter 7 bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets. If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something.
In January 2009, after a homeowner (“debtor”) fell behind on his homeowners’ association (HOA) dues, a law firm acting as a debt collector for the HOA sent notices to the debtor regarding the unpaid debt. The law firm filed a separate proof of claim for the HOA, and the debtor’s Chapter 13 plan was eventually confirmed.
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