SHERMAN – A Dallas business is alleged to be attempting to collect a debt that was discharged in a bankruptcy filing.
Lynn Beaurline filed a complaint on Oct. 20 in the Sherman District of the Eastern District of Texas against American Institute of Gastric Banding LTD, doing business as True Results alleging violation of the discharge junction, contempt and the Texas Debt Collection Act.
According to the complaint, the plaintiff alleges that on Sept. 5, 2012, she received a discharge in bankruptcy. As a result, the suit states her legal obligation to pay the discharged defendant's debt was eliminated. Despite this, the plaintiff alleges that the defendant contacted her December 2015 in an attempt to collect the debt and continued to do so after that date.
The plaintiff holds American Institute of Gastric Banding LTD, doing business as True Results responsible because the defendant allegedly relentlessly attempted to collect her discharged debt and failed to implement policies or procedures to ensure that its collection personnel comply with the discharge injunction.
The plaintiff seeks actual, statutory and compensatory damages, an injunction order enjoining defendant from engaging in the conduct described herein and such other just and proper relief. She is represented by Caitlyn N. Wells, Theodore O. Bartholow III, Karen L. Kellett and Megan F. Clontz of Kellett & Bartholow PLLC in Dallas.
Sherman District of the Eastern District of Texas case number 4:17-cv-00754