File Ch 7 but mortgage bank is still coming after me

[willyjoel]

Hello all,

I filed for BK, and was discharged, last year, I had two mortgages with one bank and I included them both in the filing.
I never heard from the bank after the discharge, however, today I got a bill from the bank on one of the accounts stating that I owe them approx $18K (there is a base charge of $48, but a past due and interest charge of over $16K). This is the first contact I got from them after the bk.

Today is Saturday, so I couldn't contact them back or contact my attorney, I'm planning to do it on Monday though.

However, my questions are: is this normal? can they come after me after I filed for bk and got discharged? could it be that my attorney missed to included that account and they are now asking for their money, but if that was the case, shouldn't they be asking for the entire loan ($80K) instead of just 18K?, have any of you experienced something like that? are they wrong, or am I responsible?

Any insight will be greatly, greatly appreciated. Thank for your responses!

[awayalways]

They can send you statements if your property is in pre-foreclosure. But after its foreclosed, they cannot. Ive received several collection bills that I had included in my BK7 filing since I was discharged. So I send them all a letter with a copy of my discharge order and they all have stopped their collection efforts save one...GMAC. So with GMAC I have sent them 2 certified letters telling them to stop. If they dont, I will have to open up my bk case and start an adversary suit against them.

[Chowder]

I had two mortgages with one bank and I included them both in the filing.

Then this is their brain on drugs. Their hoping you forgot you filed a BK and you'll send them a check.

[aljohnson007]

I included and surrendered a property in my Ch7 and prior to discharge, BofA filed for and got a final foreclosure judgement. They did not request a lift of the auto stay. Eight days later, BofA filed a motion to vacate the judgement and sheriff's sale. Last week, I received a statement from BofA saying my account was seriously overdue, like the bk never happened. I wrote a letter and sent a copy of the discharge so will see what happens.

[StartingOver08]

They can send you statements if your property is in pre-foreclosure. But after its foreclosed, they cannot. Ive received several collection bills that I had included in my BK7 filing since I was discharged. So I send them all a letter with a copy of my discharge order and they all have stopped their collection efforts save one...GMAC. So with GMAC I have sent them 2 certified letters telling them to stop. If they dont, I will have to open up my bk case and start an adversary suit against them.

OR you could file against them for a violation of the discharge injunction and they could owe you big money for collection attempts after discharge. Collection efforts after your discharge are not legal...the court can charge GMAC large sanctions for violating the discharge order. Make sure you have each and every notice to GMAC of your discharge documented. The creditors violate because many debtors do not take them to court...if more of us did, they would take those violations more seriously.

[awayalways]

...hope im not hijacking the op's thread but i have a few questions for StartingOver08 on above post.

SO08, for "violation of discharge" would this be an adversary proceeding that i would have to bring in BK court or another court? Would i be able to file this pro-se even though i was represented by a lawyer (who was worthless by the way) in my BK case? would sanctions be limited to $1000.00 per occurance or could i plead treble damages or something else given GMAC's "willful" conduct? and do you know where i can find a good example of a similar court related complaint online?

thankyou aa

[StartingOver08]

You do not have to hire your original BK attorney. The CREDITOR that has violated the order is reponsible for your attorney fees. Also sanctions are much higher than the $1000 FDCPA violations. By the way, you can also sue for FDCPA violations in addition to BK sanctions against the creditor for the very same action. Just search for bankruptcy+violation of discharge injunction for relevant cases. You could end up with quite a large check written to you by the creditor! Good luck!

Read this article from Bankruptcy Law Network:

Violation of the Bankruptcy Discharge Injunction may have you seeing Green!

By Carmen Dellutri, Attorney at Law on May 3, 2007 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, General Bankruptcy Information

What happens when a creditor takes some action in violation of the Bankruptcy Judge’s Discharge Order? Several things can happen. First, you can do nothing. If you choose this option, guess what, nothing will happen, and the Creditor will perform the same stunt on the next person until someone takes action. Second, you can contact your attorney, describe the action taken by the creditor, and request that he pursue the creditor for a violation of the Bankruptcy Judge’s Discharge Order. Depending upon how egregious the Creditor’s actions, you may be entitled to money damages in the form of actual and/or statutory damages. The best part is that the Creditor will pay your attorney’s fees for you.

For example, my client Ms. A. ( who is by the way a very sweet woman) filed bankruptcy several years ago and received her discharge. AT&T was one of her creditors who we listed in her bankruptcy schedules. We also listed four (4) collection agencies that AT&T hired to collect the debt. I felt comfortable that with that type of notice we would never hear from AT&T again. Boy was I wrong, two years after the Bankruptcy Judge’s Discharge Order, AT&T assigned the debt for collection.

Ms. A was horrified that AT&T was trying to collect the debt. So we sued AT&T and the collection agency. The case was settled shortly thereafter. Ms. A was very happy with the settlement which netted her four times (4X) more than she paid in attorney’s fees to file the bankruptcy case. Of course, AT&T admitted no liability and disputed all allegations of wrongdoing.

http://www.************************/...-seeing-green/

[AngelinaCatHub]

...hope im not hijacking the op's thread but i have a few questions for StartingOver08 on above post.

SO08, for "violation of discharge" would this be an adversary proceeding that i would have to bring in BK court or another court? Would i be able to file this pro-se even though i was represented by a lawyer (who was worthless by the way) in my BK case? would sanctions be limited to $1000.00 per occurance or could i plead treble damages or something else given GMAC's "willful" conduct? and do you know where i can find a good example of a similar court related complaint online?

thankyou aa

Don't go the route to open your bk for an AP. Just sue them in Federal Court for the violation of the injunction. Make sure you write them a certified letter to cease and desist, as this is a must. Admit to no debt within any communications. See zombie Collectors in search, I'll look it up and post some links. 'Hub

[AngelinaCatHub]

http://www.bkforum.com/showthread.php?t=29755

Mrs. put this up some time ago. My brother is being bothered by one of these now. 'Hub

[StartingOver08]

Found a case for sanctions against Wells Fargo for you: http://pacer.flmb.uscourts.gov/pdf-new/97-1575-2.pdf

Will look for others because the above case sanctions were only $11k and I have seen much higher sanctions against creditors that abuse the BK system.

[StartingOver08]

Here is a case that is a violation of the automatic stay (just after filing BK) so it was brought as an adversary proceeding (AP). http://stayviolation.typepad.com/fil...-violation.pdf

Read this article written by an attorney, it has very good information on going after the creditor that violates the discharge injunction.

http://www.brooksattorney.com/Bankruptcy%20Relief%20Center/Protecting%20the%20Bankruptcy%20Discharge/Protecting%20the%20Bankruptcy%20Discharge.html

[willyjoel]

These are great resonse guys, thank you very much, I'm going to take this to my attorney tomorrow and see what he says, who knows, maybe I'd end up with some money in the end.

Thanks a lot guys!

[AngelinaCatHub]

These are great resonse guys, thank you very much, I'm going to take this to my attorney tomorrow and see what he says, who knows, maybe I'd end up with some money in the end.

Thanks a lot guys!

Hey, wouldn't that make a great "new start". 'Hub

[awayalways]

Thank You SO08 & Hub for all the information. BK forum is really cool and I wish I would of found you guys a few years ago ;) I will startup a new thread and let you know if/when I find that pot of gold at the end of the rainbow!

[StartingOver08]

One more case for you and your attorney: http://207.41.19.195/decisions/20090...L_A._MANN.html

Good luck!