Legal Question in Credit and Debt Law in Missouri

Divulging Personal Information to Third Parties

My wife and I are in Chapter 13 currently. We recently had an issue where the case was dismissed and then reinstated a week or so later. One of our creditors in the bankruptcy (now two weeks after it was reinstated) contacted my father regarding one of our debts. He was a co-signer on the debt and I was told he wouldn't be involved if we agreed to pay them in full in the Chapter 13. They were trying to collect from him and they told him that our bankruptcy had been dismissed. Are they allowed to discuss our bankruptcy / credit situation with a third party? My father is angry and took it out on me because of this and the creditor shouldn't have called anyway because the case is reinstated. Can I go after them legally if they divulge information in the future or is this an issue for the BBB to handle?


Asked on 10/11/05, 9:24 am

2 Answers from Attorneys
Anthony Smith LawSmith

Re: Divulging Personal Information to Third Parties

This is an issue for the attorney handling your bankruptcy to dela with. On a side note, your Dad may still be a source of collection as co-debtor.

Read more
Answered on 10/14/05, 1:24 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Divulging Personal Information to Third Parties

If your father is your co-signer, he is not a "third party" he is an obligated party, and the creditor may seek repayment from him. It would not be a problem for him to pursue your father while the case was in dismissal, however, pursuing your father while the case is back on file may raise an issue with the "automatic stay." I would urge you to discuss this with your bankruptcy lawyer.

Read more
Answered on 10/11/05, 9:31 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Missouri