Legal Question in Bankruptcy in Georgia
My girlfriend's parents filed for Chapter 13 a few months ago. One of their credit card companies is threatening to turn a balance over to collections in my girlfriend's name. It seems that her name was also listed on the account along with her parents for some reason. The credit card company's argument is all that matters is that her name is on the account, which allows them to come after her. Any way around this?
2 Answer from Attorneys
Your girlfriend may have an excellent lawsuit against the collection agency and she should see a lawyer ASAP to not blow that.
In a Chapter 13, co-debtors are protected while the case is open. So while the creditor might have remedies later, contacting her now is illegal. Depending on what she can prove she may win significant damages unless you have omitted pertinent details.
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