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Can I sue a debt collector if I'm filing bankruptcy?

Date: Mon, 01/25/2010 - 04:21

Submitted by anonymous
on Mon, 01/25/2010 - 04:21

Posts: 202330 Credits: [Donate]

Total Replies: 2


I think I read somewhere that I don't qualify to sue a debt collector if I'm filing bankruptcy. Anyone know if this is true or am I misunderstanding?

Also, where can I look to find attorneys for this? Thanks!


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.


lrhall41

Submitted by AnyaR on Mon, 01/25/2010 - 10:07

( Posts: 46 | Credits: )