Why would creditors attorney send me copy on proof of claim?

[catleg]

Today one of my lovely creditors decided to send a copy of the proof of claim they filed in my case directly to me, with a cc to my attorney and the trustee.
It includes a copy of a docketed judgment and a further interest calculation until my filing date.

Does anyone even remotely think this violates the automatic stay? Or is it just sleazy.

It seems very unusual to me, every other piece of correspondence has gone to my attorneys.

[optimistic1]

Just sounds sleazy to me, they are like, we'll show you! Douchebags.

11 USC 362 - Sec. 362. Automatic stay




(a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of - (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; (2) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; (4) any act to create, perfect, or enforce any lien against property of the estate; (5) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title; (7) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor; and (8) the commencement or continuation of a proceeding before the United States Tax Court concerning the debtor.

[DeadManCrawling]

Another $200 billed to the client for an hour work?

Good of a guess as any.

[frogger]

Another $200 billed to the client for an hour work?

$300.00 in my area.

[justbroke]

THis is not a violation of the automatic stay. Caselaw is pretty much consistent that the act of filing a claim, is not a violation of any section of 11 USC 362. Otherwise, no one could actually file a claim.

I studied this real well, because I had a creditor, American Express who I was a great customer, who somehow attached me to both an 18 and 20 year old account (yes from the 80's), and filed a claim. I was going to file a motion... actually I did... asking to expunge the claim and hit them with a 362 violation. Not so fast.

When serving a Debtor in a Bankruptcy case, a claim filer, at a minimum, must serve it on the Debtor's attorney. In some Districts, the claim must be filed on the Debtor, Debtor's attorney, and the Trustee.

Service of Copies of Claims: In chapter 13 cases, the party filing a proof of claim must serve copies of the claim upon the debtor, the attorney for
the debtor and the trustee pursuant to Local Rule 3002-1(E).

[catleg]

I assume it's their twisted way of trying to run up my legal expenses.

Here's what's interesting: Their cover letter includes the FDCPA notice that "this communication is from a debt collector. Any information obtained will be used for the purpose of debt collection."

If they feel a need for a FDCPA mini Miranda warning, it makes it a collection effort almost by definition don't you think?

Food for thought. My attorney will probably laugh at me.

[justbroke]

Yeah, but even those that have the FDCPA-Miranda, also have a "ignore" if you're in Bankruptcy statement as well.