queenofwands

Suing A JDB - Can They Discharge Judgment in BK?

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The only time you can pierce the corporate veil is if you can prove that the officers are negligent and that is very hard to do. They will show video of their training sessions where the trainers tell the new employee to not violate the various debt collection laws and the employee decided to go rouge. Besides, the officers can declare BK too if it comes to that and you are back at point 1 unless you want to spend tons of money fighting the discharge.

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Guest usctrojanalum

Individual collectors can be held liable under the FDCPA, while they could always file bankruptcy too, (and are more likely than a corporate defendant to file bankruptcy) think it'd be pretty rare for a JDB to file BK unless the damages against them were crippling. 

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If the LLC has expired, then the owners lose the corporate protection offered by the state the LLC was filed in and hence, become sole proprietors and hence take all the risks. Regardless, both the company and the individual owners can file for BK and short of proving in BK court that the debt falls under one of the categories to not be discharged, the OP will not collect.

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