Is this a violation of stay?

[BearChaser303]

I have posted a couple of times about 1 particular creditor who has been a real problem for me. Well what do I get in the mail today, but a statement from them saying that my account is past due and that I need to remit payment in full within 10 days to avoid late fees. This is the first I have heard anything from them since long before I filed. They cant say that they didnt know I filed, because they have filed a proof of claim (2 duplicate proof of claim).

Anyway, is this considered a violation of stay and am I within my rights to file suit against them for it?

[HHM]

Yes, that would be a violation of the automatic stay since the letter included a demand for payment, so you could conceivably seek sanctions against them in BK court for the violation.

[BearChaser303]

Yes, that would be a violation of the automatic stay since the letter included a demand for payment, so you could conceivably seek sanctions against them in BK court for the violation.

Is a sanction more or less a slap on the wrist? Or do I stand to collect any damages from them?

[FreshLikeADaisy]

Wow! Good info, BigBoy.