Can I include a “Writ Of Execution” from one of my creditors in a bankruptcy? If not, how can I stop them from seizing my assets?

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Can I include a “Writ Of Execution” from one of my creditors in a bankruptcy? If not, how can I stop them from seizing my assets?

Asked on June 24, 2009 under Bankruptcy Law, New Hampshire

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

When you file for bankruptcy what you would need to do is prepare all the documentation. The writ of execution symbolizes a specific debt (i.e. credit card, car loan, etc.) Depending on the original creditor and if they are retail or possibly an educational loan will determine if the debt can be included in the bankruptcy

I always advise using an attorney when filing bankruptcy because it can get very confusing and you want to ensure things are done exactly as they should be as to not miss anything or possibly have the case dismissed.

Determine who the original creditor is and the specifics of the account. Than you can include that on the bankruptcy as long as the debt is not something you cannot extinguish in a bankruptcy. If you do that and the bankruptcy goes through you can than show the creditor that this debt was extinguished.


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