Collin County woman sues Wells Fargo for not submitting to Bankruptcy Court proceedings

Michelle Keahey, East Texas Bureau Mar. 20, 2013, 1:03pm

MARSHALL - A Collin County woman has filed a lawsuit against Wells Fargo claiming that the bank will not stop pulling her credit report and has refused to submit to bankruptcy court proceedings. 

Thilcia E. Schinabeck filed suit against Wells Fargo Bank N.A. on March 13 in the Eastern District of Texas, Marshall Division.

According to court documents, Schinabeck filed bankruptcy around July 2008. Wells Fargo asserted pre-petition claims in an attempt to collect a consumer debt. The Bankruptcy Court issued her a discharge in November 2008, which terminated any rights Wells Fargo had against Schinabeck with respect to the consumer debts.

The defendant did not object to the details of the claims in the Chapter 7 bankruptcy. Following the discharge, the defendant allegedly continued to try to collect on the debts. She has filed adversary proceeding claims against Wells Fargo for its activities.

The defendant is accused of pulling Schinabeck’s consumer report information on at least ten occasions from March 2011 and June 2012.  The defendant also allegedly closed her mortgage accounts in Aug. 2012, only after she started the adversary proceeding claims in Bankruptcy Courts.

The defendant is accused of violating the Fair Credit Report Act and the Consumer Credit Protection Credit Act.

The plaintiff is asking for an award of actual damages, costs, attorneys’ fees, interest, and punitive damages.

Schinabeck is represented by Sylvia A. Goldsmith and Geoffrey B. McCarrell of Law Office of Sylvia A. Goldsmith in Rocky River, Ohio; and William L. Manchee, James J. Manchee and Marilyn S. Altamira of Manchee & Manchee in Dallas.

A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00207

More News