bk and fdcpa law

[Mswanson0627]

What is the name of your state?california

 

[Mswanson0627]

What is the name of your state?california

I have a question I have a fdcpa lawsuit going and I filed bk a few months after and added the fdcpa on there in nov before my bk was discharged the people I have a lawsuit are trying to say I didn't file it correctly and there trying to use that and sayin if they win I have to pay there court fees but what does me filing bk have to do with a fdcpa law and my bk lawyer said you can add anything before the bk is discharged? do you know anything in regards to this?

 

[Zigner]

I have a question I have a fdcpa lawsuit going and I filed bk a few months after and added the fdcpa on there in nov before my bk was discharged the people I have a lawsuit are trying to say I didn't file it correctly and there trying to use that and sayin if they win I have to pay there court fees but what does me filing bk have to do with a fdcpa law and my bk lawyer said you can add anything before the bk is discharged? do you know anything in regards to this?

I know you have (or had) an attorney. Speak to your attorney.

As a pertinent aside: Your post is rambling to the point of being incoherent.

 

[zddoodah]

In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.

I have a fdcpa lawsuit going and I filed bk a few months after and added the fdcpa on there

Ok, so you filed an FDCPA lawsuit. A few months later, you filed for bankruptcy and included the lawsuit on your schedules. So far, so good.

the people I have a lawsuit are trying to say I didn't file it correctly

What does "trying to say" mean? Did you mean that they actually are saying it? And what does "didn't file it correctly" mean?

but what does me filing bk have to do with a fdcpa law and my bk lawyer said you can add anything before the bk is discharged?

I'm not really sure where the "sentence" that ends with this question mark is supposed to begin, but it doesn't appear that this is actually a question despite your use of a question mark.

do you know anything in regards to this?

I know lots of things about debt collection, the FDCPA and bankruptcy, but your post is so incoherent that it's difficult to know what "in regards to this" might mean.

I suggest you try your post again. If you're unable to write in English any better than your post suggests, maybe ask someone to help you formulate coherent sentences. Otherwise, I suggest you pose your question to your bankruptcy attorney.

 

[quincy]

There is a bankruptcy attorney who posts to this forum. I have sent a message to “despritfreya” who might be able to make sense of the question and provide an answer.

If you can clarify your concerns in the meantime, Mswanson, that would be helpful.

 

[despritfreya]

I believe it has been suggested to OP that if he/she continues the litigation and loses, he/she may be responsible for the other side’s attorney’s fees regardless of the discharge. I believe there is case law to support such a possibility but I have not researched it.

The thought process is that if the debtor voluntarily pursues litigation after filing bankruptcy and, in the end, the other side "wins”, why should the other side not be able to seek attny fees resulting from the post petition activity of the debtor? (Hope that made sense.)

OP needs to have his/her attorney research this issue. Case law may go either way - I just don't know.

Des.