Jump to content

BK and Lawsuits


ynkewmn
 Share

Recommended Posts

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

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

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.