AboutRegan Shinski Expertise I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit reporting.
Experience Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports.
Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry.
I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA).
I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage.
In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.
Education/Credentials BA - University of Minnesota
Question Hello. My wife filed Bankruptcy on June 30, 2008. I did not at the time because I had only 7 years between the last one I filed. My wife recieved a letter on July 25 2008 From Guaranty Bank saying that they prohibited any additional draws on your Home Equity Line. This action is being taken due to the recent notification by the bank of your Bankruptcy filing. The Envelope was addressed to Her and the letter inside was adressed to me not her. However it did acknowlage they knew about the bankrupcey. We did not hear much from them until I file bankrupcy in June 3 2009. Later that month they started sending us, addressed to her and me, statements of payments due. They continue to send them through the whole prosses the last statement sent was in Sept. On Sept 3 2009 they sent me papers to sign for reaffirming the note. I did not sign, or reaffirm the note. This did however shows they did know I had filed bankruptcy. I know this constitutes contempt of court for them for my wife and me. They was done in two differant times in two differant courts. My wife for her court case and for me that was done in a differant court case.
My question is what can we do about it and can we get some monatery compensation from them? Should we file two seperat cases against them or one?
Answer Dear Paul:
I am sorry to say that I believe your case is not strong. You may have a minor technical violation but I am not even sure about that. Did you or your wife want to reaffirm the loan or lose the house? They have the right to send reaffirmation notices to the address provided if it is applicable to your case. Different states will also have different rules regarding real estate, bankruptcy, and how spouses are treated in joint accounts through bankruptcy, so I cannot answer with 100% certainty knowing what you are telling me.
It sounds like your case would be based primarily on the July 25, 2008 letter addressed to your wife post-bankruptcy that had your name on it. You are co-signer on the loan and they can identify that your co-signer - your wife in this case - has started bankruptcy proceedings. I think this is complicated for you because you are both on the loan, are husband and wife, and both eventually filed bankruptcy.
The other issue in your case is proving damages. How exactly were you harmed or out money? Proving your damages is harder because you are husband and wife and that you filed at a later date. So before you go ahead, you have to answer how you were damaged - in a concrete, factual, financial way and I'm not sure how you can do that.
I'm not saying you don't have a case, I just think it is very weak with no guarantee of success. That is not an ideal combination to bring to court. However, if you want to proceed, want you are thinking of is a violation of a the bankruptcy stay, not really contempt of court. There may also be state laws that help or hurt you as described above.
If you proceed, you would likely have to file a lawsuit. Ideally, you would get an attorney. Technically, you can file yourself, but like I said, this is a complex law and I don't think you have a slam-dunk case. I would use an attorney. Ideally, you could find one that would take your case on a contingency basis, meaning they take a percentage of your winnings, not upfront money from you. Because of the difficulty I think you will have in this case, I think that it would be difficult to find one like this. However, many will give you free consultations. This would also be the time to get a second opinion on the strength of your case.
To answer your other specific question, if you go forward, I would recommend separate cases if the court allows them. Your issue is them sending wrong info about each other, you want to present a separate front. If you file together, it only helps prove their likely point that you guys are together - therefore less harm/damages in mixing up the names as they may have.
I'm really sorry to give you news you probably don't like. This is not always the best forum to review complicated cases like this. I am only basing on limited information, so I could be wrong. However, I really recommend you seek additional opinion before spending any money to litigate this case. There's no guarantee you would get it back.
Good luck,
Regan
p.s. The issue of them sending statements also depends on the dates of dismissal and if you wanted to reaffirm.
