Dallas bankruptcy client has several loans with one lender (autos and investment properties). Client ran a construction company that has shut down, and is now working as subcontractor for another builder in the Dallas area who also has loans with that lender.
Lender’s representative, on learning that client’s bankruptcy is imminent, informed the contractor (now client’s only source of income) that bank will not consider any more loans to contractor unless my client comes in to talk to him.
If the lender is revealing the debt to a third party, there could be FDCPA issues or state law issues to look at. The lender is also going to get sued for tortious interference with contract. If the client goes in and speaks to them, all conversations will be recorded by bankruptcy client to then use against the lender.
What the lender is doing is illegal, but that’s what lots of creditors do- try anything they can to scare people out of filing a bankruptcy that they really need and are completely entitled to file.
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