Can I sue a debt collector if I'm filing bankruptcy?
Date: Mon, 01/25/2010 - 04:21
Also, where can I look to find attorneys for this? Thanks!
What is the violation? keep in mind that you will need to discl
What is the violation? keep in mind that you will need to disclose and possibly give up any winnings as part of the bankruptcy. I waited until after my bankruptcy was dismissed to sue collectors for violations.
If the violation took place prior to the bankruptcy, any proceed
If the violation took place prior to the bankruptcy, any proceeds from the violations are property of the trustee of the bankruptcy and will be paid out to creditors just as if it were money in your bank account today. Unless the violation is huge and you expect to get enough from the violation to pay off all your debts, attorney's fees and costs and have money left over, you won't see any of it. This is something I wouldn't mess with - if the violation took place before the BK and you didn't claim it as an asset in the BK, it is fraud against the federal government and falsifying federal documents. There is no SOL for fraud so if the government or IRS ever found out, you could be in big trouble, both criminally and financially.