QUESTION
Is it possible to sue the creditors for their violations after I have declared bankruptcy?
Asked on Jul 03rd, 2013 on Bankruptcy - California
More details to this question:
I am receiving harassing calls from collectors, and several of them have violated FDCPA regulations. I am about to declare chapter 7 bankruptcy. Is it possible to sue the creditors for their violations after I have declared bankruptcy? Or, since the debts will be written off in bankruptcy, do I lose the right to sue?
8 ANSWERS
Your claims for redress against creditors for pre-bankruptcy FDCPA violations would be assets of your bankruptcy estate that should be disclosed in your bankruptcy petition, so that your Trustee is given an opportunity to liquidate the claims. Practically speaking, there is virtually no chance that your Trustee would be interested in doing this. Accordingly, once your (1) Trustee has abandoned his interest in such claims, or (2) Your case is closed, whichever occurs first, you will be free to go after the offending creditors.
Answered on Jul 05th, 2013 at 2:56 PM
Richard hirsh
Yes. You can recover sanctions from creditors if they violate the automatic stay or the discharge
Answered on Jul 05th, 2013 at 11:36 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You do not loose the right, but the cause of action is transferred to your trustee who gets first right to it.
Answered on Jul 05th, 2013 at 5:14 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can sue them. You will have to disclose in your bankruptcy schedules that you have a claim against them.
Answered on Jul 05th, 2013 at 4:04 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It is called "contempt of the automatic stay". File a complaint with the Bankruptcy Court.
Answered on Jul 03rd, 2013 at 9:10 PM
Deborah F. Bowinski
If you have claims against creditors you MUST disclose and include them in your personal property schedule when you file your chapter 7. Failure to do so can result in the loss of the right to bring the claim due to estoppel.
Answered on Jul 03rd, 2013 at 8:26 PM
It is possible to sue but you need to list the cause of action as an asset on Schedule B. Unless you can exempt it on Schedule C, the Trustee, not you, will have the right to pursue the claim & collect any award.
Answered on Jul 03rd, 2013 at 4:54 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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If you're filing for Chapter 7, any lawsuits for claims you had before filing will belong to the estate, and that money should go to pay your creditors. Now, it is possible to list them and put them in as exempt property. Let the trustee chase it or abandon it back to you. That's your risk, but if abandoned, you can then pursue those claims.
Answered on Jul 03rd, 2013 at 4:48 PM