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can they really sue me?

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    can they really sue me?

    Hi Everyone - Ok so i get this in the mail today. My con actually signed for it. It was 2 letters saying that I am being sued for these 2 credit cards fro HSBC. These attorneys were listed on the matrix and even after i filed for BK, they kept sending me mail saying I owe them money, so I called them and i told them that i filed and that they are violating the automatic stay and they said OK disregard that letter. Now I get a letter saying they are sueing me. Can they do that while my BK is still ongoing?

    #2
    You need to let your lawyer know about this right away.
    Filed Ch 7 -- July 9, 2008
    341 mtg ---- August 14, 2008
    Discharged ---- October 17, 2008
    Closed --------- December 11, 2009!

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      #3
      gezzzz jessegirl
      Do you ever get a break? They are in violation of the stay. Just give the letters to your lawyer so he can make some money from them,
      Chapter 7 07/30/2008
      341 09/17/2008
      Discharge 11/21/2008

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        #4
        I know - I feel like someone is wishing me some bad azzz luck. LOL. Do i make ny money on it?? Probably not, i get the ulcer and the attorney makes the money.

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          #5
          They cannot do a thing to you.

          The bankruptcy court is like a big badazz with a baseball bat sitting in front of your protecting you from the creditors. You should hope that they do try to sue you so you can see them get there azz chewed out by the judge in court.

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            #6
            Originally posted by jessegirl View Post
            I know - I feel like someone is wishing me some bad azzz luck. LOL. Do i make ny money on it?? Probably not, i get the ulcer and the attorney makes the money.
            ummmmm I have herd it's $1000 fine per acutance plus attorneys fees.
            no you don't get the money
            Chapter 7 07/30/2008
            341 09/17/2008
            Discharge 11/21/2008

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              #7
              I wish the fine was more...isn't this like some sort of contempt? She is in BK, they know it, they violated before and NOW THEY WANT TO SUE??? I say the judge ought to sanction HSBC with a huge fine
              Filed CH 7 9/30/2008
              Discharged Jan 5, 2009! Closed Jan 18, 2009

              I am not an attorney. None of my advice is legal advice in any way..

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                #8
                Well giving them the benefit of doubt, if it is a form letter, it could be a computer mail out. The OP should not worry. She sure has had her share of it but this is only a glitch. After the attorney is notified (and it SHOULD not cost anything more) if they do this again, I would request recompense from THEM. (doubt I could get it.) ‘Hub
                If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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                  #9
                  I talked to attorney he said fax me the letters. I have received 2 from this attorney looking to sue me. Hot ShXX that they are sueing me and my attorney gets the money for them harrassing me. Hmmmmmm....

                  He said he willt ake care of them. I say yeah, Merry Christmas Mr. Attorney. LOL..

                  I cannot wait until all of this is over. Its been a nightmare and it seems like everytime I turn around there is something else to worry about. Oh well, I guess things could be worse.

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                    #10
                    Actually if he does take it to court due to their violations, you would get 1k per occurance, and he would get his lawyer fees.

                    Try not to worry, I'm sure once your lawyer contacts them and if necessary contacts the court that they are violating the stay, I'm sure they will stop unless they are completely stupid.
                    May 31st, 2007: Petition Filed by my lawyer
                    July 2nd, 2007: 341 Meeting Held
                    September 4th, 2007: Discharged and Closed.

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                      #11
                      Ok thanks

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                        #12
                        Originally posted by jessegirl View Post
                        My con actually signed for it.
                        Curious: What is a "con"? Contractor?

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                          #13
                          LOL Ira - I meant to say son. Typo. Sorry. LOL

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                            #14
                            I did some reading today. you can get damages also. Willful or not so now.
                            Chapter 7 07/30/2008
                            341 09/17/2008
                            Discharge 11/21/2008

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                              #15
                              I could use anything just about now.

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