Today I want to follow up on yesterday’s discussion about adversary proceedings as they relate to you as a debtor. In a bankruptcy case you can file a lawsuit for more than one reason. As I stated such a lawsuit is called an adversary proceeding.

In this difficult economy, debt collectors are attempting a variety of methods to collect money from you. Often these debt collectors go beyond the bounds of what they are legally entitled to do. If this is so, you will be justified in filing an adversary proceeding. Also, you may want to file an adversary proceeding because the mortgage servicers who take your mortgage payments have made errors in accounting for those payments.  In other words, you may file an adversary proceeding against any agency that you believe has unjustly charged you.

If you have been harassed by a debt collector and you have filed bankruptcy, you can actually file an adversary proceeding against the collector and assert any rights to a claim that you may have under the law. You should discuss any potential overreaching by creditors with your bankruptcy attorney. In addition to discharging the debt, you might also be able to collect from the creditor for those misdeeds.

If you live in Denver, Aurora, Arvada, Brighton, Broomfield, Commerce City, Englewood, Highlands Ranch, Lakewood, Lafayette, Littleton, Northglenn, Westminster, Wheat Ridge, or Golden, Colorado, and have any questions please feel free to contact me. Kevin D. Heupel, Colorado Bankruptcy attorney, 303-955-7570, COBankruptcyHelpEmail, free-consultation form.