I have one creditor that isn't giving up..

[aces67]

They are still calling and still sending me bills in the mail even though I've told them that they were included in my BK. My lawyer has notified them twice but they swear they've never received notification. We have about 19 days until discharge.

What do I send them to prove that I filed BK? I was thinking I could send them something back with the bill they sent me and I'll send it certified mail w/ a return receipt. But what do I send?

[justbroke]

What do I send them to prove that I filed BK? I was thinking I could send them something back with the bill they sent me and I'll send it certified mail w/ a return receipt. But what do I send?

THis is the perfect case where your ATTORNEY sends them a letter telling them to STOP or that he will ask the judge for an Entry of Order to Show Cause and have them appear before the U.S. Bankruptcy Court for contempt and for sanctions.

That usually shuts them up. Your attorney can FAX that in. I'm surprised your attorney hasn't done such already.

As soon as they have notice of the case and case number (verbal or otherwise), they must stop.

[AngelinaCat]

Send the notification, or have your attorney do it--though knowing our deadbeat attorney--do the original advice. Send the notification to the creditor and make sure it is certified with a green-carded with a 'return receipt' on it. Keep your receipts from the post office and put them in your BK book.

Also send courtesy copies to your trustee, again certified, return-receipt attached and file the return cards and receipts in your BK book.

Good luck to you~~~

[JRScott]

First double check and make sure they are on the creditor matrix.

Then follow the advice above given by the others. If you can also record one of their calls, make sure to save all letters documentation. You might also remind them that it is a 1000 dollar fine per violation plus lawyer fees and court cots if they continue and that you and your lawyer are ready to pursue that.

[jadams]

What type of creditor? Not that it should matter, I'm just curious who feels special enough that the law doesn't apply to them.

Credit card? Secured lender? Junk Debt Buyer? Student Loan?

[StartingOver08]

First double check and make sure they are on the creditor matrix.

Then follow the advice above given by the others. If you can also record one of their calls, make sure to save all letters documentation. You might also remind them that it is a 1000 dollar fine per violation plus lawyer fees and court cots if they continue and that you and your lawyer are ready to pursue that.

Actually JR, the courts can award sanctions against the creditor that are much, much higher than the $1000 FDCPA violations for this violation of the automatic stay. See this: http://bankruptcy.lawyers.com/consum...atic-Stay.html

The awards can be huge! Take a look at this case (I admit it is not the typical case!): http://www.uslaw.com/library/Bankrup...hp?item=200651

[music12]

great links startinover08!!

one question i have though, about that very non-typical case: the family court also knows about the automatic stay, why would the family court not release the person? wasn't the family court itself in violation of the automatic stay??

[HHM]

great links startinover08!!

one question i have though, about that very non-typical case: the family court also knows about the automatic stay, why would the family court not release the person? wasn't the family court itself in violation of the automatic stay??

What do you mean by "release the person"?

As to any type of domestic proceeding, the automatic stay DOES NOT stop proceedings as to custody, etc. It only temporarily stops any consideration of assets.

As to the OP, what type of creditor are we talking about?

[aces67]

It's a medical bill creditor. Specifically Caremark pharmacy. They somehow feel that my bk doesn't apply to them and they are free to harass me as much as they would like. They called last Friday and admitted to me that they do show notes in their system about my BK but my BK papers have either not been received by their bookeeping dept or they were received but not flagged on my account. They said they were sorry and it would be taken care of. Yeah Right. The bill I received is dated July 2- that's Thursday.

[HHM]

Ok

Time to see if your lawyer will want to get involved in this. Keep in mind, many lawyers simply do not want to take the time to deal with stay violations and doing so is usually outside the scope of representation (meaning, you didn't pay them to bring a stay violation suit). But, at the same time, if you win, the other side is usually ordered to pay your attorney's fees.

But, it appears you have a pretty good case.

[aces67]

You know what I just looked on Pacer to make sure my lawyer did include them and there they are right on my matrix! I'll be calling my lawyer back Monday.

[music12]

What do you mean by "release the person"?

As to any type of domestic proceeding, the automatic stay DOES NOT stop proceedings as to custody, etc. It only temporarily stops any consideration of assets.

As to the OP, what type of creditor are we talking about?

i meant release him from jail.

so are you saying that if you are in jail for not paying child support, if you file bk you continue to be in jail? in reading the link, it sounded like the person filed for bk *because* he was in jail, implying he did it to get out of jail.

[HHM]

i meant release him from jail.

so are you saying that if you are in jail for not paying child support, if you file bk you continue to be in jail? in reading the link, it sounded like the person filed for bk *because* he was in jail, implying he did it to get out of jail.

BK does nothing with child support, and the automatic stay does not apply to the collection of child support.

[AngelinaCatHub]

BK does nothing with child support, and the automatic stay does not apply to the collection of child support.

NOR does it get you an "get out of jail free" card. 'Hub

[music12]

NOR does it get you an "get out of jail free" card. 'Hub

oh, ok, so the sentence in that link that says:

"Shortly after being incarcerated, Ronald did what anyone would do: he filed for chapter 13 bankruptcy"

is totally misleading...

what if you were in jail for contempt for not paying some ordinary judgment which *would* be dischargeable in bk. wouldn't the stay apply to that?