Received Summons for Collection after 341 meeting

[iturnrocks]

Ok, a couple days after my 341 meeting, I get served by the sheriffs dept. about a medical collection which I included in my bankruptcy.

Actually I included the collection company which I had been paying for over a year, I didnt list the hospital.

So I called the court clerk and told them I filed, and she told me to fax a copy of my "Notice of Bankruptcy case filing" to the Plaintiffs attorney, which I did. Today I call the plaintiffs attorney and the receptionist says there are no notes here, so I cant advise you not to go to court tomorrow.

So it looks like I will be going to court. Anyone know what I should do when I get there?

[TheKingOfSting]

So I called the court clerk and told them I filed, and she told me to fax a copy of my "Notice of Bankruptcy case filing" to the Plaintiffs attorney, which I did. Today I call the plaintiffs attorney and the receptionist says there are no notes here, so I cant advise you not to go to court tomorrow.

So it looks like I will be going to court. Anyone know what I should do when I get there?

I'm not a legal person, but I'm fairly certain that the Automatic Stay associated with your BK filing prevents creditors from taking any legal action against you. This creditor is violating that Stay by trying sue you.

Sounds like you don't have an attorney for your BK. If you do, then you should be talking to him/her. That's what you are paying him/her for.

If it were me, I'd call the plantiff's attorneys office back and tell them you have filed BK and give them the case number. Tell them they are in violation of the Automatic Stay and that it is illegal for them to be contacting you. Unless the attorney is a complete idiot, he should stop his legal actions.

If do wind up going into court, it might be entertaining watching the judge rip the Plantiff's Attorney a new one for violating your BK Stay.

King

[Marymom]

I got a summons before I filed. I called and they told me all I had to do was give them the case number. Thats it.

It would be nice to see the judge reprimand them though....

[keepmine]

First, inform your attorney. If you don't have a lawyer, show up tomorrow with, your bk case number , the creditors matrix and the name of the trustee.

[justbroke]

Wow... repeat after me... they are in trouble!

That's a direct violation of the Automatic Stay. You need to get this to your lawyer ASAP.

Follow TheKingOfSting's instructions. Unlike being nice about it and saying "you're in violation"... I say you should do something about it. It's one thing to contact someone about a debt via phone or mail... but it's entirely a different thing to make them appear before a judge to collect!!! That's a willful violation.

You need to be on top of this. Worse case, is attend the hearing tomorrow. Bring a copy of your Notice of Bankruptcy Case and your schedules. Bring 4 copies. One for the plaintiff's attorney, two for the clerk of the court, and one for you to follow.

Admit them as evidence immediately, when it's your turn by saying... I wish to enter the following Bankruptcy Notice and Schedules into evidence. Hand two copies to the Clerk of the Court when motioned to approach the Clerk. Then hand a copy to the Plaintiff's Attorney.

Wait for the clerk to enter them and hand a copy to the Judge... then...

Then IMMEDIATELY ask for a dismissal with prejudice. Then take that dismissal (order) and file a Motion to Show Cause and Motion to Sanction with the Bankruptcy court.

I just want someone to do it.

[iturnrocks]

Well it turns out it wont be so dramatic. I called the court clerk again shortly after I posted and apparently got someone different this time who knows what they are talking about. I just have to fax over my bankruptcy letter tomorrow morning and they will take care of it.

Oh, and I did file pro se.

[justbroke]

Well it turns out it wont be so dramatic. I called the court clerk again shortly after I posted and apparently got someone different this time who knows what they are talking about. I just have to fax over my bankruptcy letter tomorrow morning and they will take care of it.

Oh, and I did file pro se.

I may be not so dis-inclined to acquiesce to a mere dismissal.

I would be highly inclined to pursue a Motion to Show Cause and then a Summary Judgment for Sanctions. If you have the time on your hands to handle that and appear and deal with multiple continuances...

[iturnrocks]

I may be not so dis-inclined to acquiesce to a mere dismissal.

I would be highly inclined to pursue a Motion to Show Cause and then a Summary Judgment for Sanctions. If you have the time on your hands to handle that and appear and deal with multiple continuances...

No, I actually need to be at work tomorrow. I am surrendering my vehicle upon discharge, and I really need to save up some money. Although I should really ride my bike to work more, its starting to get cold outside.

[NowImDownInIt]

I may be not so dis-inclined to acquiesce to a mere dismissal.

I would be highly inclined to pursue a Motion to Show Cause and then a Summary Judgment for Sanctions. If you have the time on your hands to handle that and appear and deal with multiple continuances...

LOL, you just want to stick it to them!

[justbroke]

No, I actually need to be at work tomorrow. I am surrendering my vehicle upon discharge, and I really need to save up some money. Although I should really ride my bike to work more, its starting to get cold outside.

I just want someone to do it. I would prefer a pro se filer to do it... just to see if the little man can win.

[Pinkie86]

I just want someone to do it. I would prefer a pro se filer to do it... just to see if the little man can win.

AMEN! STICK IT TO THE MAN!!!!!

Ahem.

[iturnrocks]

Heres an update:

10/09/2008 FILE STAMP 10/9/2008, <*******BENCH NOTES*********> CASE CALLED FOR ANSWER DATE; DISMISSED AS TO DEFENDANT WITHOUT PREJUDICE. COSTS TAXED TO PL, JUDGE DV; MAG
10/09/2008 Changed Case Status: From: PENDING To: CASE TERMINATED (DISMISSED)


Thank you for all your replies.