Question:
Dear Steve,
I filed a chapter 13 in March of 2013 and then in July 2015 I converted to a chapter 7. I was discharged at the end of Sept. 2015.
I have been contacted by this one company several times and provided my bankruptcy info. everything seemed to be fine but in June this same company reported negative and dropped my credit score 150 points, I was denied a loan because of this and i had to sell my wedding set (valued at $5000.00 sold for $1500) to pay my bills due to the fact that I had 2 surgeries over the past month and needed money to pay my bills.
I didn’t get the amount I needed and now my credit will take a hit again bc I can not make my payments on my credit cards.
My question is what is the amount in Indiana that I can sue for and what are my chances of winning? Their attorney contacted me and offered a $1000.00, and talked extremely down to me.
Julie
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Answer:
Dear Julie,
It happens less often these days but creditors sometimes try to intimidate people into paying for debts that were actually discharged in a bankruptcy filing.
If this was an unsecured debt then it almost certainly would have been eliminated with your bankruptcy discharge.
Frankly, the easiest way to deal with this would be to go back to your bankruptcy attorney and let them know. They could advise the collector or they might be chomping at the bit to take on a bankruptcy violation case.
If your bankruptcy attorney is unable to assist you, come back and update me in the comments below. I can give you a Plan B but this route I suggested would be the best.
