Credit card lawsuit
Date: Tue, 02/22/2011 - 15:57
I am an Illinois resident. A personal credit card was unwittingly used on an electric bill for a corporation my folks owned in October of 2007. The corporation filed bankruptcy in March 2008 and at the advise of the bankruptcy attorney the card was included in the bankruptcy; there were no personal charges on the card when it was filed. The bankruptcy cleared the courts on April 25 2008 and no one objected. In 2010 I was contacted by the company who had bought Chase Banks debts [ including this bankruptcy ] they are now taking me to court and suing me personally. Is this legal? I am unemployed and ill and unable to work at this time and judgment proof as I owe nothing but a very old truck that barely runs. They have dragged me into court three times now and proof of the bankruptcy has been provided to their attorneys as well as the court. But they are still suing me and the bill keeps rising [ it was originally 3,600 but now is over 5,000. I cannot afford an attorney and I don't know what to do. Legal aid is too busy to help me. Any advice is greatly appreciated. Thank you. Since they referred this account to an attorney, does it violate FDCPA?
your personal credit card was not issued to the corporation or y
your personal credit card was not issued to the corporation or your parents....sounds like the attorney gave you some very bad advise. Your card would not have been eligible for the bankruptcy thus it was not discharged.
Look at the end of the bankruptcy papers ...it says "all dischargeable debts are discharged". This debt was not dischargeable as it was not YOU filing.
If Chase had a problem with the debt being in the bankruptcy pet
If Chase had a problem with the debt being in the bankruptcy petition, and they were properly notified of the filing, then they should have opposed it on time. Consult the attorney who handled the BK case.
