Can you get a class action settlement if you received a discharge in bankruptcy and believe you had errors on your credit report

I received a letter in the mail regarding a claims form from White et al. v. Experian Information Solutions, Inc.

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Charles Ross Smith III

Charles Ross Smith III

Contributor Level 3
LIST CLASS ACTION CLAIMS IN YOUR BANKRUPTCY
The case you are referring to is a class action Fair Credit Reporting Act case titled, Terri N. White, et al. v. Experian Information Solutions, Inc., Nebraska District Court, Case No. SA CV 05-1070, 2007. I assume that you did not know about this potential claim before you filed your Chapter 7 Bankruptcy. If you had known about this claim, you would have listed it as an asset of unknown value on your petition. The Trustee in Bankruptcy then would have abandoned the Trustee's rights to the claim and you could have pursued the claim. Alternatively, the Trustee could have allowed the case to go forward to discharge and the claim would have been considered abandoned by the discharge. At that time you could have pursued the claim.
However, in your case the claim was not listed because you were unaware of it. So here's what you must do if you want to pursue your claim. Your attorney has to file a motion with the Bankruptcy Court to reopen your case for the purpose of listing a new asset. There are court costs and attorney fees to be paid for such a motion. Moreover, the Bankruptcy Court in your venue may not grant it. The motion serves no purpose to either the Court or the creditors. No one benefits from reopening the case except you.
However, if the Court allows the motion, then you will file a motion for the Trustee to abandon the claim. The Trustee will abandon it. The cost of pursuing such a Fair Credit Reporting is simply more than the claim is worth .
If you choose to file your claim in the class action without getting the claim properly abandoned, then, at the appropriate time, the Plaintiff will simply run the credit reports of the claimants. They will then note which claimants (like you) filed a claim after filing a bankruptcy in which the claim was not listed and abandoned. The Plaintiff will interpose your bankruptcy successfully as a complete defense to your claim. In other words, you will lose.
Since there is very considerable time and expense involved here, you will need to consider carefully whether it is worth the trouble to pursue such a claim. The remedy granted in the White case is primarily a mandatory correction of credit records. This is already available to you individually. You need not file a claim under the White class action to get your credit corrected. That may be accomplished with a simple letter. Or, you may need an attorney to send that letter or even file your own suit, if the credit reporting agency doesn't agree.
However, you may also have real, provable, monetary damages. Perhaps you filed a Chapter 7 Bankruptcy and then used your credit wisely for some time. Then you applied for a major car loan and were denied for bad credit. You check your credit and find that your bankruptcy was inaccurately reported. This is quite common and was the primary problem in the White class action. You were therefore forced to take a car loan at a much higher rate than you would have been given if your credit had been accurately reported. The difference in interest paid can be tens of thousands of Dollars. That's real damages.
Now you have a Fair Credit Reporting Act claim that's worth going for on an individual basis. You still will have to find a Fair Credit Reporting Act specialist that is willing to take your case, but the higher your actual damages, the better your chances are of finding an attorney to take your case. Good luck. Ross Smith, Attorney, Sandusky, Ohio
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mkeeling

I received a notice in the mail about two months ago of a class action lawsuit against companies trying to collect depts that have already been discharged in a bankrupcy. I sent back my information and have not heard anything else on this. I receive letters from collection agencies on bills that were taken care of in bankrupcy in 1994. Do you know of any ongoing lawsuits on this matter?
I would very much like to be a part of this lawsuit if there is, in fact, such a lawsuit going on. Or do you have any advice on how to stop these companies from trying to collect money that has already been settled.

Thank-you,

Cindy Keeling
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