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Violation of the automatic stay

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    Violation of the automatic stay

    So far it's been smooth sailing. I got one call right after filing and I called them back and gave them the Bankruptcy information.

    I got a Dunning letter two and a half weeks after I filed that was mailed eleven days after I filed. I called the collection agency up and gave them hell and they claim the account was recalled the same day the Dunning Letter was mailed.

    The weird part is my credit union where I have a vehicle loan, a credit card and a line of credit. These folks are kind of thick headed and I keep getting late payment slips mailed to me like you normally get when you bounce a check. Normally I dread those thin little envelopes, but now it's not the same.

    Should I hang on to them or should I try and make trouble for them because they have been notified and still send out the notices?
    Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

    #2
    Hang on to them and have your lawyer send them a letter. If they still do it after that, then raise hell with them. It may just be a cse of the right hand not knowing what the left is doing.

    TS

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      #3
      it is probably automated, hang onto them, call and complain but leave it at that - that's my advice.

      i've had a couple of violations too but i'm with ya - i just don't dread the mail like i did prior to filing bk. i love the bk protection and the sure knowledge that i have used a legal option to make my life bearable and i don't have to fear little pieces of paper and the phone anymore.
      Filed 7/28/08, Discharged 10/29/08
      (filed pro se: nonconsumer no asset CH7)

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        #4
        I am getting about the same thing. I got calls from 2 creditors last week I think the CC Company are a bit slow getting the information into their system. I know that isn’t my problem but I give them the information and they haven’t called back.
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

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          #5
          I would just call myself and tell them they are violating the automatic stay and give them your filing number. Similar thing happened to me too but I really think some of these places are very disorganized in this regard.
          Filed Chapter 7 Pro-Se May 29, 2008
          341 July 1, 2008
          Discharged September 4, 2008
          Closed November 10, 2008 :-)

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            #6
            Save the letters and take them to your lawyer. He can send a legally worded response and if they continue you can sue them for 1k per violation. (plus lawyer fees...)
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

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