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Question about filing suit while in a Chapter 13 bankruptcy.

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  • Question about filing suit while in a Chapter 13 bankruptcy.

    I am in month 38 of a (so far successful) 52 month Chapter 13 Plan.

    Now comes Verizon with fraudulent billing practices and FCRA violations and attempts collections and credit reporting of a debt that I do not owe. I have solid proof that I do not owe this alleged debt. They finally assigned an Executive Relations person to review this matter last week, but she is about as useful as boobs on a bull.

    I previously sued Verizon (and won!) for the same stunt BEFORE I filed Chapter 13.

    Verizon is not a current party or claimant to my bankruptcy.

    I know that I need to ask permission of the bankruptcy court to file suit against them, but from there I am going in circles researching. Is the bankruptcy court itself the proper venue for this suit? Is this a core proceeding? Can I also force Verizon to file a claim at this late date in my filing? Can I please get some solid guidance on proper procedure, or rules, caselaw, links, for this situation, etc.?

    Also: My local small claims court does not allow suits for FCRA violations, so small claims court is not an option for me to file this suit.

    Thank you in advance.

  • #2
    Re: Question about filing suit while in a Chapter 13 bankruptcy.

    I wish to inform you that you can first send a letter to Verizon and describe about your dispute. If they do not reply then a complaint with FTC can be filed by you. As you are under bankruptcy therefore you can file a suit after permission from court. You can file in State Court and bankruptcy court may not be suitable venue for this lawsuit.



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