ynkewmn Posted October 4, 2004 Report Share Posted October 4, 2004 We are filing our BK shortly. I have contacted a local atty. about a possible suit against an OC/CA and sent them info on the collection. They have determined to take the case and we may have possible Class Action.The questions I have (and getting conflicting answers) are;1. We must file suit pre BK? After BK discharge, cannot file against collection account because they will be IIB. (?)2. We may file against OC/CA post BK, that were IIB. (?)We are waiting on appraisal for mortgage to determine our exemption allowance. Our only other secured debt is a vehicle loan and we owe more than worth. In all fairness, would like to file BK13, as to pay on debts that will be IIB. And really don't want a BK on our record for 10 years. If we are within exemption for mortgage, I know that BK7 would be ideal, and realize that BK13 is a debtor's prison. But, I just don't know what we can do about these possible suits, and if we file BK13, accounts IIB, would this be a way to go instead of BK7, assuming we may file against the OC/CA's? Link to comment Share on other sites More sharing options...
LadynRed Posted October 4, 2004 Report Share Posted October 4, 2004 We are filing our BK shortly. I have contacted a local atty. about a possible suit against an OC/CA and sent them info on the collection. They have determined to take the case and we may have possible Class Action. The questions I have (and getting conflicting answers) are; 1. We must file suit pre BK? After BK discharge, cannot file against collection account because they will be IIB. (?) 2. We may file against OC/CA post BK, that were IIB. (?) 1 - The only problem I can see with this is that if you file BEFORE your BK, then the case becomes part of your BK estate - and if you win your case and wind up with money, the Trustee can make you fork over the money to him to pay your creditors. I dunno about it not being a collection account after bankruptcy, since I don't know the particulars of your potential case. As long as the violation(s) has already occurred, and you have it documented, then I don't see why it would make any difference when you file your lawsuit.2 - Have to know more about #1 first. Link to comment Share on other sites More sharing options...
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