Old debt listed in previous bankruptcy
Client filed a chapter 13 in 2004, and converted to 7 three years later. One of the debts listed in both the 13 and the 7 was for a car loan with Primus Automotive Financial Services. It was his ex-wife's car, and he had co-signed the loan for her. At the time of filing the 13 he assumed that she was still making the payments, so we listed Primus for notice only, with the wife listed as a codebtor. When we converted him to 7 we left it more or less the same as it was, but by then we knew that she was not making the payments. What we didn't know then, and what I just learned by looking at the claim that Primus just filed in the new chapter 13 case that we filed for him recently, was that Primus had filed suit against him in state court just a few days before the chapter 13 was filed, and that they took a judgment against him about 3 months after the 13 was filed. My client never mentioned any of this to me, but he's not real smart, and he may not have understood that this should not have happened. It's also possible that was never actually served, and/or that they served the wrong person, because he has a very common name. In the original 13 and in the converted 7 we listed the address for Primus as P.O. Box 55000, Detroit, MI 48255, which is no longer the address that we use for them, but it still shows up as a valid mailing address on their customer service web site. We did not list them at all in this new case, but they filed a claim anyway, which includes the original RISA and a reference to the state court judgment.
