Question about relative of a family member who is sueing us calling after filing

[DebtEnder]

Ok here is the gist of it.

DW grandmother filed civil suit last month against both of us for 28,000 we supposedly owe her, we owe a good amount but not that much and we had been paying her. Was in deep debt as is over 35k in credit card debt and 2 rental houses already in foreclosure process. As such rather then fight the civil suit I filed for chapter 7 on Monday march 2nd, automatic win of the civil case basically

Anyways my wife's uncle(grandmother's son), who is controlling this all in the background, just called me cussing up a storm demanding that I pay back what I owe. He knew I had filed bankruptcy. I of course told him he should probably stop talking -violation of automatic stay etc, etc he keep talking I told him I would contact my attorney and hung up.

So I did, he was less then helpful as this was a clear violation of federal law, in 2 parts I would think.

1. The grandmother obviously talked with someone else (her son) about the debt that was owed
2. The son acting as her representative called demanding repayment of the debt in spite knowing of the chapter 7 filing

The attorney told me if he calls again to let him know and he would pursue it further. My main issue is my mother-in-law has already gotten an earful about this and we obviously don't want her to suffer any more harassment from her brother. But all I was told that if he contacts her or me again to basically file a restraining order. That seems a little lightweight for the level of violation here.


Has anyone ever had anything like this happen before and if so how did you handle it. BTW I'm/wife not concerned about ever talking to the GM or Uncle ever again.

[Trixie007]

Wow, what a tough situation! I haven't experienced this - but I would advise MIL to let you know if anyone talks to her about this again, and definitely call your attorney to take whatever action is available to you. Good luck to you with your BK, hope it goes smooth.

[Kingxray]

I hear you dude! My dad sued us and got a judgment because we didn't fight it. He never called after we filed the BK but his laywer did showed up at the 341, which has now caused a ton of grief in our case.

IMO, don't sweat the small stuff. You have bigger fish to fry in this BK process. If you have caller ID just don't answer it. There is really nothing he can do at this point, so why put yourself through all the hassle of restraining order and such. You will have enough on your plate going through the BK process in itself. Good luck to you.

[DebtEnder]

Tbh it's not me I'm worried about. I can not answer the calls, I just don't want the rest of the family getting earfuls all the time.

Tbh call me a bastard but the way the uncle has handled this and other things he done I'd like to see a federal prosecutor go after him.

[OhioFiler]

Tbh it's not me I'm worried about. I can not answer the calls, I just don't want the rest of the family getting earfuls all the time.

Tbh call me a bastard but the way the uncle has handled this and other things he done I'd like to see a federal prosecutor go after him.

Easier to just ignore him until he makes a real threat. Understand you've essentially stolen (in his eyes anyway) part of his inheritance. Let him vent and be the assclown.

If he does make threats I'd have the police standing on his doorstep advising him of his final warning.

[Kingxray]

I understand. I haven't even seen my side of the family in 3 years. I don't even know what he has told them. My mom is dead and I am an only child. Luckily I have my kids and my husband has a big family who are kind and undersanding and we spend lots of time with. It saddens me sometimes but I have learned to cope.

[DebtEnder]

And it gets more fun, the mother in law lives next to her brother with a shared driveway. Her brother has now locked the gate to the driveway preventing her access to her house.

We are waiting for a Sheriff to show up to cut the lock...

[FijiTime]

Yet another reason to never do business with family. . . Hope it all works out for you in the end. I'd try to gather whatever documentation there might be on the financial transaction so you can present it when the guy shows up at your hearing disputing the discharge of that debt.

[DebtEnder]

There is no documentation except for the checks I wrote to her over the years and the check so wrote to me a couple years ago.

Not sure he has leg to stand regarding denying the discharge of the debt, the lawsuit clearly states the debt was made back in august 2006. Besides if he shows up I think he be escorted out, he's not my creditor.

Anyways don't mind me to much, just me venting a bit.

[relief13035]

Sounds like a nasty family fued.

[Trixie007]

And it gets more fun, the mother in law lives next to her brother with a shared driveway. Her brother has now locked the gate to the driveway preventing her access to her house.

We are waiting for a Sheriff to show up to cut the lock...

Oh, your poor MIL! He's breaking the law, now. If he does show up at the 341 he'd probably do it somehow then, too.

[nervousss]

I can't imagine having my family member sue me over money. It's so horrible.

I'm so sorry for you. I hope your relationship can be repaired. Maybe some day you can pay her back when you are doing better financially.

[DebtEnder]

Perhaps with the grandmother. Tbh most of the family thinks the son is trying to get power of attorney so he can have full control of her inheritance from her late husband, his father as he was the executor of the will.

No one likes this guy anyways and now it's rather obvious why. Course my lawyer won't call me back about it so here's hoping he'll back down on his own.

Just annoying things were fine till he found out I owed some money to her, before then I had paid her back a decent sum on sporadic timetables and she refused to take a check a few times, all of a sudden he gets involved with a nasty phone call( I had not sent a check in almost a year, she would not take em) and 45 days later in spite of cashing checks I sent her I get a lawsuit

I might repay her, but I'm not going to pay her just so he can spend the money.

[jktrading]

You know, I'm going to go against the grain here and say I think you should work something out with them. Even if it's $20 per month. Can't you all just sit down and work out some kind of settlement amount?

I know you will probably just say you can't work it out, this and that, but I'm throwing in my 2 cents. Family and doing the right thing, comes before the automatic stay.

If you can come to some sort of settlement amount and a very small payment arrangement, I would consider "reaffirming" and doing the right thing whether or not he is a raving maniac or not.

There has to be an amount between zero, and the amount they believe you owe that will make things "right". Again, even if it's only $20 per month.

BTW, you shouldn't have any say on where the money goes after you pay it back to who you borrowed it from. If she gives it to him, so be it.

[DebtEnder]

He has already denied access to property, made threats against myself and my family, cussed me out to no end. Sorry he has nuked that bridge.

I may do something along the lines of paying her utility bills later on, assuming he moves back out of her house and stops brainwashing her. But I have no intention of cash money ever being sent so he can buy his new suv's rather then look for regular work instead of sitting at home wallowing that his house painting business is defunct. And yes he just sits around the house not even trying to advertise.


Ehh lesson learned on all sides, except maybe his own.