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I have a BK13 question


Tsandy7
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I recently had to file bk13 as I did not qualify for chapt 7. Anyway, the question is. I had a problem with wells fargo stating a claim on my bk. I had been fighting them through the court for 1 year before I filed Bk. The judge ended up dismissing their case with prejudice as they made mistakes in the case. Anyway i filed chapter 13 and they filed a claiim stating I owed them money, the amouts is not correct . Is there anyway I can make them prove that this is not correct. They have the visa listed at 2500 that account is over 6 year old, the credit limit at that time was 3,000. This picture does not look right.

Can someone give me a little advice on wht to do. I told my attorney and he said he will file my objection. I just don't want to pay for something I don't owe.

Thanks

tsandy7

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I thought your attorney filed an objection to the claim already?

It is not unusual for Wells Fargo (and other servicers) to add a bunch of fees, default interest etc etc to the claim. There have been a couple of cases recently where the judge has taken Wells Fargo to task for not applying payments correctly post petition and other things. Look at this link and then google for more:

http://www.bankruptcylawnetwork.com/2008/07/07/favorable-ruling-for-debtors-in-jones-v-wells-fargo-bank-upheld/

Here is another case that may help you with the false claims aspect - or give you a direction in which to fight Wells Fargo (scum of the earth servicer/lender JMO!!):

http://www.abiworld.org/committees/newsletters/consumer/vol6num4/Consumer_Sept_2008_NE08_Messing_Mortgages_Cases.pdf

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