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One of the big problems we face when we try to make creditors obey the bankruptcy
discharge or properly report a client’s credit after bankruptcy, is that much of the
credible evidence to the court or jury and without it a remedy that should be available
is not. This is tragic as creditors often get away with flagrant violations of the law!
Creditors are not allowed to contact you once the bankruptcy case has been filed. If
contact does occur it should documented carefully and reported to us. We often are
called upon to file adversary proceedings to stop creditors from violating the
automatic stay or the discharge injunction. In order to prevail in these actions we
must prove the creditor contacted the debtor in an effort to collect the debt. So, it’s
important that letters received are kept, telephone calls recorded or, at least the
pertinent information about the call written down. So often when a client calls about
a violation they can’t tell me who they talked to, the date and time of the call, or what
exactly was said.
It’s even worse in credit reporting cases. To prove damages here we need specific
information about damages such as credit denials, increased interest rates charged,
as well as documentation of mental distress suffered on account of the creditor’s
illegal behavior. So often we have to settle a case for far less than it’s worth simply
because a client has thrown away critical evidence or neglected to keep track of all
the damages that has been suffered on account of the creditor’s malicious conduct.
Here are some simple things that every consumer who files bankruptcy should do
once their case is filed:
1. Keep all correspondence from creditors received after bankruptcy
2. Record all telephone calls from creditors after the case is filed. Simple
recording equipment can be purchased at Radio Shack.
3. If creditors call after the case is filed get their name, name of their company,
the identity of the creditor they represent, how much they say is due, and the reason
for the call. Note the date and time of the call. Don’t argue with them or hang up on
them until you have this information. Once you have this information tell them you’ve
filed bankruptcy and give them your attorney’s name.
4. If a creditor calls a second time get all this information again so you can
testify with confidence if the need arises. Also, note anything they say that is untrue,
argumentative, slanderous, threatening, rude, or profane.
5. If you apply for credit and are denied, keep the denial letters that come in the
mail. Also, try to get the creditor to tell you specifically what caused them to deny
you credit. Often it will be the erroneous information on your credit report. Ask them
what would have to be removed from your credit report for them to extend you the
credit you requested.
6. If you receive offers of credit upon favorable terms but when you apply they
want to charge you more interest or give you less favorable terms, keep the
documentation of the original offer so you can prove what you lost when the original
deal was lost.
7. Often consumers suffer extreme mental anguish, embarrassment, fear and
humiliation when credit is denied. This can result in insomnia, headache, muscle
ache, high blood pressure and a wide variety of other ailments. To get mental anguish
damages, however, requires proof. Documentary evidence from doctors, medical
providers, and pharmacist is needed if the consumer seeks medical attention. Even
more critical, however, is a daily diary of all of the emotions, anxieties and physical
symptoms suffered each day from the date the creditor misconduct occurs. If a
consumer has this information at his fingertips it will provide him much confidence
and add credibility when he tries to explain how he has been damaged by the
creditors violation of the law.
Creditors are often angry when they have to write off a debt and often try to take
advantage of consumers who may not understand the law. Understand your rights
and help us make your ex-creditors obey the law.
discharge or properly report a client’s credit after bankruptcy, is that much of the
credible evidence to the court or jury and without it a remedy that should be available
is not. This is tragic as creditors often get away with flagrant violations of the law!
Creditors are not allowed to contact you once the bankruptcy case has been filed. If
contact does occur it should documented carefully and reported to us. We often are
called upon to file adversary proceedings to stop creditors from violating the
automatic stay or the discharge injunction. In order to prevail in these actions we
must prove the creditor contacted the debtor in an effort to collect the debt. So, it’s
important that letters received are kept, telephone calls recorded or, at least the
pertinent information about the call written down. So often when a client calls about
a violation they can’t tell me who they talked to, the date and time of the call, or what
exactly was said.
It’s even worse in credit reporting cases. To prove damages here we need specific
information about damages such as credit denials, increased interest rates charged,
as well as documentation of mental distress suffered on account of the creditor’s
illegal behavior. So often we have to settle a case for far less than it’s worth simply
because a client has thrown away critical evidence or neglected to keep track of all
the damages that has been suffered on account of the creditor’s malicious conduct.
Here are some simple things that every consumer who files bankruptcy should do
once their case is filed:
1. Keep all correspondence from creditors received after bankruptcy
2. Record all telephone calls from creditors after the case is filed. Simple
recording equipment can be purchased at Radio Shack.
3. If creditors call after the case is filed get their name, name of their company,
the identity of the creditor they represent, how much they say is due, and the reason
for the call. Note the date and time of the call. Don’t argue with them or hang up on
them until you have this information. Once you have this information tell them you’ve
filed bankruptcy and give them your attorney’s name.
4. If a creditor calls a second time get all this information again so you can
testify with confidence if the need arises. Also, note anything they say that is untrue,
argumentative, slanderous, threatening, rude, or profane.
5. If you apply for credit and are denied, keep the denial letters that come in the
mail. Also, try to get the creditor to tell you specifically what caused them to deny
you credit. Often it will be the erroneous information on your credit report. Ask them
what would have to be removed from your credit report for them to extend you the
credit you requested.
6. If you receive offers of credit upon favorable terms but when you apply they
want to charge you more interest or give you less favorable terms, keep the
documentation of the original offer so you can prove what you lost when the original
deal was lost.
7. Often consumers suffer extreme mental anguish, embarrassment, fear and
humiliation when credit is denied. This can result in insomnia, headache, muscle
ache, high blood pressure and a wide variety of other ailments. To get mental anguish
damages, however, requires proof. Documentary evidence from doctors, medical
providers, and pharmacist is needed if the consumer seeks medical attention. Even
more critical, however, is a daily diary of all of the emotions, anxieties and physical
symptoms suffered each day from the date the creditor misconduct occurs. If a
consumer has this information at his fingertips it will provide him much confidence
and add credibility when he tries to explain how he has been damaged by the
creditors violation of the law.
Creditors are often angry when they have to write off a debt and often try to take
advantage of consumers who may not understand the law. Understand your rights
and help us make your ex-creditors obey the law.
| Don't Throw Away the Evidence! |
| MANCHEE & MANCHEE, PC 12221 Merit Dr. Suite 950 DALLAS, TEXAS 75251 A Full Service Law Firm Since 1976 972-960-2240 All attorneys are licensed by the Supreme Court of Texas and admitted to practice before the United States District Courts for the Northern & Eastern Districts of Texas. William L. Manchee is also admitted to practice before the United States Tax Court. The firm assists clients in filing bankruptcy and therefore is a Debt Relief Agency. No one in the firm is board certified in any area of specialization. |