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chapter 7 delima

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  • chapter 7 delima

    This is a true story.
    I filed chapter 7 in April of 2011. One of the debtors was Lowes.
    The balance was around $1200.00. I was the primary card
    holder and the only name listed on the account was mine.
    No one else had ever even signed an invoice at the store. The very next billing cycle, I received a statement from Lowes with my wife listed as the primary card holder, and the statement was in her name. The collections began and altogether 4 different collection agencys began dunning us. I called Lowes and asked for a copy of the original application form siowing the card holders names. Well, they messed up and sent me a copy of an old statement that had my name as the primary card holder. Icontacted the collection agency's and asked them why they were trying to collect the account from my wife when My name was the only one on the account. I now have copies of statements seperately for both myself and my wife for the same account. I have given it to my lawyer and am awaiting the out come.
    The funny thng is my lawyer said that he would be happy to represent my wife in the matter. I told him there is no "matter" She has no account with Lowes. I think what happened was due to tne marvels of the computer, it was a simple matter to research my name and find out who my wife was and put the account in her name. Sound possible??

  • #2
    Yes, that sounds possible. Are they billing the exact same amount to your name as to your wife's? And do they have the same account number?
    "There is some ontological doubt as to whether it may even be possible in principle to nail down these things in the universe we're given to study." --text msg from my kid

    "It is easier to build strong children than to repair broken men." --Frederick Douglass

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    • #3
      yes, the amount is the same and the account number s the same. Just her name instead of mine. And on the log in page the secret question is MY mother's maiden name, which my wife doesn't even know, Crazy huh?

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      • #4
        Seems to me then that your wife needs to take this up and get Lowes to remove her name from that account. She is the one being damaged by this. However, in my state at least, spouse's debts do belong to each other if the debts were acquired during the marriage. I assume your lawyer is addressing that properly in your bankruptcy.
        "There is some ontological doubt as to whether it may even be possible in principle to nail down these things in the universe we're given to study." --text msg from my kid

        "It is easier to build strong children than to repair broken men." --Frederick Douglass

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        • #5
          Thanks. In my state , Florida. When I filed, it was only the accounts that were in my name solely. The account that were in both names I could not file on.

          I think, as I said they are running a bluff.

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          • #6
            Originally posted by jackspratjr View Post
            The funny thng is my lawyer said that he would be happy to represent my wife in the matter. I told him there is no "matter" She has no account with Lowes. I think what happened was due to tne marvels of the computer, it was a simple matter to research my name and find out who my wife was and put the account in her name. Sound possible??
            By 'matter' he means your 'dilemma.' You have both used different words to describe the same issue.

            The issue is that your wife has had her name attached to an account that is not her's, and a debt that is not her's - and therefore a legal 'matter.' This issue/dilemma/matter needs to be resolved, and put back into your name as discharged under your Chapter 7 bankruptcy filing.

            Conveniently, you and your wife need to speak to a lawyer about this issue. (Convenient because you already have a lawyer lined up to take the case)

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            • #7
              jpg,,

              i FELT THAT WAY TOO. I GUESS I JUST NEEDED a NUDGE TO GET ME GOING. tHANKS FOR THE INFO

              Jack

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