Wells Fargo Bankruptcy Fraud - seeking others for class action

[ken913]

Greetings

The Wells Fargo debt in my case was discharged under Federal Bankruptcy law case #06-21959 Chapter 7 in the District of Kansas 3/7/07. Judge Robert D. Burger. Wells Fargo then reopened the same account again under a new entry listed as WellsRecover and listed as a CO in my credit reports.

To me this is in clear violation of the law even to a layperson. While the creditor can dispute the discharge of a debt they cannot of their own choice reopen a discharged debt, make new entries in a borrowers credit file and continue business as usual. Unless they go back to court, file an adversarial motion and win it.

If you have had similar experiences with Wells Fargo, Please feel free to contact me.

(please ONLY VALID discharged bankruptcies no petitions) And Wells Fargo has had to have violated a stay or discharge order.

Thanks

[HHM]

You should probably speak to an attorney to find out if you really have a cause of action.

[ken913]

You should probably speak to an attorney to find out if you really have a cause of action.

Hi
I spoke with a class action attorney already, and that is part of the reason why I posted here. To find others, I still have my BK attorney, I could just reopen my BK, go before the BK judge and be done with it (what my bk attorney wants to do since he is not a Class Action att) but if this kind of behavior is SOP for Wells Fargo then I want to send them a clear message. Just like what was done in the Wells Fargo Mortgage Class Action.

[hansky]

Hi
I spoke with a class action attorney already, and that is part of the reason why I posted here. To find others, I still have my BK attorney, I could just reopen my BK, go before the BK judge and be done with it (what my bk attorney wants to do since he is not a Class Action att) but if this kind of behavior is SOP for Wells Fargo then I want to send them a clear message. Just like what was done in the Wells Fargo Mortgage Class Action.

Why would you need to reopen your bankruptcy case? If you have a claim for violation of the discharge injunction you can assert it in a lawsuit. Lawsuits are about money - not lessons - and class actions are overrated (as far as what people really think they are). Best way to turn off a lawyer - tell him or her that it is for a "lesson" or "principal." They know that client will expect it to be the lawyer's cause come time to pay the bill.

[keepmine]

Why would you need to reopen your bankruptcy case? If you have a claim for violation of the discharge injunction you can assert it in a lawsuit. Lawsuits are about money - not lessons - and class actions are overrated (as far as what people really think they are). Best way to turn off a lawyer - tell him or her that it is for a "lesson" or "principal." They know that client will expect it to be the lawyer's cause come time to pay the bill.

That's not how it works if you are seeking relief under the bk code. You must reopen the bk in order for your complaint to be heard by a bk court judge. A big advantage to getting relief in the bk forum is, the judge may award unlimited damages. If you sue for an FCRA violation, you're limited to $1000 unless you can prove some actual damages.

[hansky]

That's not how it works if you are seeking relief under the bk code. You must reopen the bk in order for your complaint to be heard by a bk court judge. A big advantage to getting relief in the bk forum is, the judge may award unlimited damages. If you sue for an FCRA violation, you're limited to $1000 unless you can prove some actual damages.

No. There is no exclusive jurisdiction of Bankruptcy Courts over every matter that involves Bankruptcy law, its interpretation or application. District Courts and state courts often decide issues of Bankruptcy law.

[ken913]

Why would you need to reopen your bankruptcy case? If you have a claim for violation of the discharge injunction you can assert it in a lawsuit. Lawsuits are about money - not lessons - and class actions are overrated (as far as what people really think they are). Best way to turn off a lawyer - tell him or her that it is for a "lesson" or "principal." They know that client will expect it to be the lawyer's cause come time to pay the bill.

1. Because reopening the BK is what the BK attorney has advised and the least expensive for me to do solo.
2. Lawsuits cost alot more and Wells Fargo has bigger pockets than I do. In order to get representation on contingency it needs to be more than just me filing it. At least from the attornys I
have spoken with so far.
3. The lesson i am refering to is in the form of $$$$ I am not silly enough to think corporations or attorneys understand anything other than money.


I am here to see if anyone else has had issues with Wells Fargo after their BK has been discharged or if Wells Fargo has taken a debt that has been discharged and reentered it into the consumers credit file to "punish" or back door the bankruptcy laws
perhaps I am wasting my time here? Sorry for the post then

[chpxiii]

I have wells fargo but I am not yet discharged. I'll let you know if anything comes up after discharge. But that won't be for another few months or so. I only sent in my last payment today.

[lrprn]

Really appreciate you giving us the heads up on what the WellsFargo scum are up to now, Ken - thanks!

We have Wells Fargo as a creditor also but we won't be discharged for another 3.5 years. Please keep us posted on what you find out - it will impact Ch 13 folks here who aren't as far ahead in the process as you. You are welcome to come share with us any time.

[Bandit]

1. Because reopening the BK is what the BK attorney has advised and the least expensive for me to do solo.
2. Lawsuits cost alot more and Wells Fargo has bigger pockets than I do. In order to get representation on contingency it needs to be more than just me filing it. At least from the attornys I
have spoken with so far.
3. The lesson i am refering to is in the form of $$$$ I am not silly enough to think corporations or attorneys understand anything other than money.


I am here to see if anyone else has had issues with Wells Fargo after their BK has been discharged or if Wells Fargo has taken a debt that has been discharged and reentered it into the consumers credit file to "punish" or back door the bankruptcy laws
perhaps I am wasting my time here? Sorry for the post then

Considering if it is true & there are one to two million BKs a year & there are less than 10,000 members here of which about 10-20% would be active at one time, I would keep doing google advance searches online until you find other cases like yours. You may very well find that type of case pending with another bank who does that stuff including WF. That does not mean someone else who has passed through here has not had the same problem.

Have you checked for other forums more related to that law? Do you think a mortgage class action is easier to locate the people over finding them due to BK?

What you want to do is going to be difficult because unlike other class actions that include a number of people over something that all happened at the same time, It was easy to locate those people by letter. A lot of people do not like to talk about their Bk problems post BK or relive it, And, I have no doubt these rich banks know it to the point what they are trying to pull off & how to space it out to make it that difficult.

How many people with WF do the attorneys say you will need? one, ten, twenty?

My hunch is you are not the first & wont be the last while there is definately a case by going back thru your BK, trying it the other way is going to be difficult to locate that many people all within the same time frame as what you need (without already settling it alone), but not impossible if you have the time, it will take time while your indiviual case may have to wait trying to find them. Someone like myself would go the route your BK attorney has advised & wont bring it up again when it is over. Well, I might tell the story & laugh from time to time. So, by the time we would have met, I would only have a story to tell & not a case to resolve but that does not mean I would not have done it with you if we met at the same time with the same problem. See?

3. The lesson i am refering to is in the form of $$$$ I am not silly enough to think corporations or attorneys understand anything other than money.

but if this kind of behavior is SOP for Wells Fargo then I want to send them a clear message.

While that is pretty much true & they will get the message (paying attention or giving a hoot is another thing), The only thing I would change here, if it were me, is direct it toward myself as the right thing for me to do instead of the "I will show you & get even" approach.
Kindest Regards.

[dscurlock]

1. Because reopening the BK is what the BK attorney has advised and the least expensive for me to do solo.
2. Lawsuits cost alot more and Wells Fargo has bigger pockets than I do. In order to get representation on contingency it needs to be more than just me filing it. At least from the attornys I
have spoken with so far.
3. The lesson i am refering to is in the form of $$$$ I am not silly enough to think corporations or attorneys understand anything other than money.


I am here to see if anyone else has had issues with Wells Fargo after their BK has been discharged or if Wells Fargo has taken a debt that has been discharged and reentered it into the consumers credit file to "punish" or back door the bankruptcy laws
perhaps I am wasting my time here? Sorry for the post then

There is no better payout when it comes to wrongfull injury or death, but when it comes to wrongfull credit ... lets just say its a $$$$ thing....they have a team of lawyers defending them at all times, how many you have?

[keepmine]

No. There is no exclusive jurisdiction of Bankruptcy Courts over every matter that involves Bankruptcy law, its interpretation or application. District Courts and state courts often decide issues of Bankruptcy law.

Not sure about this. Federal District Courts have jurisdiction over appeals of bk court decisions. I don't see how a state court can get involved since bk is a federal matter.

[hansky]

Not sure about this.

I am.

[aa06a47]

You can always challenge the credit report as being wrong. You can send a copy of your discharge and the credit reporting agnecy should take it off.

[HHM]

Keep in mind, if the attorney was a true Class Action attorney, he does not need other people. Class representatives are usually a single person, a single plaintiff that is representative of the entire class. If the Class Action attorney really thought you had something, he would have taken the case. The class members are usually found through the "discovery" process.