Be advised: this thread is not for serious in-depth discussion of weighty topics (we have a link for that), this thread is not for anything Culture War related. This thread is for Fun. You got jokes? Share 'em. You got silly questions? Ask 'em.
- 123
- 1
Jump in the discussion.
No email address required.
Notes -
Just to be clear, the creditor can't refile. Once the debtor files for bankruptcy, any collection actions for existing debts are automatically stayed, barring a court order to lift the stay. These orders are usually only granted if there is a secured debt, e.g. a mortgage or car loan. A judge is never going to lift the stay to allow an unsecured creditor to file a lien against the debtor. Doing this would completely subvert the intention of the bankruptcy code, since bankruptcy, with certain rare exceptions, can't remove any liens that exist at the time of filing. If they were allowed to do this then every unsecured creditor would sue the debtor and get a judgment against them, converting the unsecured debt to a secured debt, making discharge impossible. As I explained below, the debtor gains nothing from the banks error, and possibly even suffers a bit himself. The bank is supposed to be the sophisticated party here but they fucked up because they didn't comply with the relatively straightforward safe harbor provisions. I don't have much sympathy for them.
More options
Context Copy link