Received Civil Summons from BoA Today

[ForumReader]

Just today I received a civil summons from BoA through my local court in regard to their complaint that they sent from before. Has this happened to anyone during their BK process? I have placed a call to my attorney's office about this because I thought this was supposed to be in automatic stay during my BK process. It even stated automatic stay from my BK paperwork when I filed. Now freaking out

[justbroke]

They must have messed up! Your lawyer should file a Suggestion of Bankruptcy with the local court and he should also send a letter to the lender's attorney indicating the same.

[ForumReader]

Thanks. I am waiting to hear from my attorney regarding this civil summons. Also it stated appearance in court is not required. Strange and BoA seems relentless! Are local courts supposed to receive notifications of petitioners who have filed for BK? More

[wantout]

How long were you past due on BoA?

[ForumReader]

How long were you past due on BoA?

Since Oct 2008.

[wantout]

How long did it take them to make contact with you after your first payment was missed?

[justbroke]

Thanks. I am waiting to hear from my attorney regarding this civil summons. Also it stated appearance in court is not required. Strange and BoA seems relentless! Are local courts supposed to receive notifications of petitioners who have filed for BK? More

Not unless you put them on the mailing matrix. Even so, you should have told your attorney of your pending lawsuit and he (probably) should have filed a suggestion of bankruptcy and/or contacted the lender's attorney.

There is nothing really to be worried about because the automatic Stay does stay all actions to collect on a debt. You just need to get that local court notified and/or the lender's attorney, so that they may withdraw the action.

If it's a foreclosure matter, they still need to follow the rules of the stay and seek relief from the automatic stay. If this is dischargeable unsecured debt, they won't receive relief and they need to cease that court action post haste.

[ForumReader]

Not unless you put them on the mailing matrix. Even so, you should have told your attorney of your pending lawsuit and he (probably) should have filed a suggestion of bankruptcy and/or contacted the lender's attorney.

There is nothing really to be worried about because the automatic Stay does stay all actions to collect on a debt. You just need to get that local court notified and/or the lender's attorney, so that they may withdraw the action.

If it's a foreclosure matter, they still need to follow the rules of the stay and seek relief from the automatic stay. If this is dischargeable unsecured debt, they won't receive relief and they need to cease that court action post haste.

Thanks, again. My attorney was aware of the pending lawsuit (thus the complaint) at the time of filing. He even had the copies of the paperwork. It is for unsecured debt. He may have already filed a suggestion of bankruptcy, but I will find out once I hear from him hopefully sometimes today. What if the creditor's attorney was notified and refused to withdraw the action?

[ForumReader]

How long did it take them to make contact with you after your first payment was missed?

Originally this BoA credit account was enrolled in a debt settlement program that I stupidly signed up with. I do not know what kind of correspondence BoA had with the debt settlement program I was enrolled in though, but I received letters from the attorney's office (collections) (Fred Hanna) before the debt was turned over to a different collection office which is Glasser and Glasser. First getting letters from Fred Hanna's office in March of 2009.

[justbroke]

What if the creditor's attorney was notified and refused to withdraw the action?

Your lawyer will file a motion with the Bankruptcy Court for an Order to Show Cause and for Sanctions.

[ForumReader]

Your lawyer will file a motion with the Bankruptcy Court for an Order to Show Cause and for Sanctions.

Could you please explain what this means? Thanks.

[justbroke]

Could you please explain what this means? Thanks.

If they don't stop trying to sue you, your lawyer will ahe the BK court, basically, spank them. This could involve a rebuke and/or actual and punitive damages.

[ForumReader]

If they don't stop trying to sue you, your lawyer will ahe the BK court, basically, spank them. This could involve a rebuke and/or actual and punitive damages.

Ok thanks in this case I hope they stop trying to sue me!

[music12]

more likely, your lawyer will just call their lawyer and their lawyer will instantly stop the whole thing (knowing that otherwise he would face sanctions)

[ForumReader]

more likely, your lawyer will just call their lawyer and their lawyer will instantly stop the whole thing (knowing that otherwise he would face sanctions)

I just got a call from my attorney's assistant and she said the attorney got in touch with the creditor's lawyer and they already received the notice of bankruptcy and did not have time to pull the civic summons out of the local court. They said they would take care of it I guess they did not want to face sanctions. However the assistant said if I receive any more actions from the local court on behalf of BoA ie wage garnishment in process, then my attorney will file a motion of sanctions.