Filed but received warrant. wth?

[shabam]

I filed a few weeks ago. After being out of town, I just got home today, and noticed a warrant to appear in court on my door. A credit union is pursuing me in a civil court for money I owe them, that was included in my ch 7 petition.

I contacted my lawyer and they said that the creditor clearly doesn't know what they are doing and we definitely have an avenue to pursue the violation further.

Considering this is an undeniable violation of automatic stay, should I pursue them for violating the automatic stay? While most banks are ruthless bastards, these guys have been good to me. However, it was quite embarrassing to come home and find the summons stuck to my door for everyone to read. We live in town homes so it is quite easy for anyone to approach and read it while I was gone for a few days.

[backtoschool]

I just got served today for a credit card that I included in my chapter 7 filing on 8-3-09. I think it takes awhile to get a summons, and the paperwork was in process and they didn't get my notice of bankruptcy in time. Whatever. I gave it to my lawyer to deal with.

Just give the summons to your lawyer. Once the bankruptcy case is given to the civil court and the creditor you are fine.

I personally decided not to pursue any action against my junk debt sewer collection agency that served me. I have enough on my hands with my bankruptcy and they are powerless to collect anything at this point anyway.

[shabam]

I wish it was collection agency. I would be preparing the paperwork as we speak.

The credit union has been good to me so I will let it slide.

[justbroke]

Please, for the sake of the process and all things holy in Bankruptcy -- the Automatic Stay and Discharge Injunction -- please pursue this.

They will only stop doing this, when they -- the collective creditors -- get spanked for this.

[HMT]

I'd also pursue it. You could get your debts discharged and then get at least $1000 to boot! Or, your trustee may take the grand and use it for your creditors... Either way, you are well within your rights to go after them!

[backtoschool]

I'd also pursue it. You could get your debts discharged and then get at least $1000 to boot! Or, your trustee may take the grand and use it for your creditors... Either way, you are well within your rights to go after them!

What if the paperwork is dated 8-3-09 the day I filed? Couldn't they just say, that the paperwork crossed wires with the bankruptcy notice? I got served today so I don't see how they could have crossed wires (its been over two weeks since I filed).

Do you really think I should pursue this? The server said I needed to take the papers even though I had filed. (sorry to hijack the thread, but its the same situation....)

[eddiep]

I got a bill today, a week after the 341 so plenty of time to be notified. but... it was from my kid's dr who they have been seeing for 18 years. I included it because they were charging me for a visit that should have been billed to the insurance co. I asked them to remove the charge but they didn't do it before I filed so I included it, the total was $475. The bill that came today was for $60, they got the insurance co to pay their portion. I would rather pay them than find a new dr. Should I just pay it or "for the sake of the process and all things holy in Bankruptcy" should I sick my attorney on them? The kids couldn't care less if we switch docs. Sorry for trying to hijack too!

[shabam]

If they weren't a small local credit union, I would pursue this no questions asked.

I wish this was a scumbag bank or collection agency. I would show them the same mercy they showed me. Whereas, the credit union neither raised my interest rate or applied extravagant late fees. They barely called (harassed) us either.

[shabam]

What if the paperwork is dated 8-3-09 the day I filed? Couldn't they just say, that the paperwork crossed wires with the bankruptcy notice? I got served today so I don't see how they could have crossed wires (its been over two weeks since I filed).

Do you really think I should pursue this? The server said I needed to take the papers even though I had filed. (sorry to hijack the thread, but its the same situation....)

A junk CA would screw you any chance they get. In my case, if they were the offending party, I would definitely pursue it.

[music12]

eddiep, i would just pay them; but, be sure to use only exempt assets. also, you are safer if you already have a report of no distribution.