State is now threatening to file Lien AFTER notification!

[montana59451]

Justbroke

Thanks for your answer. I know that I can't find an attorney to take this on contingency as I called several. I may have to hire an attorney, but the State has deep pockets and mine are a bit "holey" still!.

The other problem I am looking at is that in researching this issue on the internet I find that

"When the creditor violating the automatic stay is a government entity, generally, the entity must return confiscated money or property, but may not necessarily be required to pay damages or attorneys fees."http://library.findlaw.com/2000/Sep/1/131041.html

So this may be why no attorney will take this on contingency.

Possibly I should just notify the Panel Trustee and let her run with it? or maybe the US Trustee?

[justbroke]

Possibly I should just notify the Panel Trustee and let her run with it? or maybe the US Trustee?

Some people have had success by asking the Panel Trustee to intervene.

[biotechsolution]

the easist plan may be to write up a motion to void the lien with the district court that filed it. send it to the judge with your order attached. It's pretty simple, when a lien or judgement is filed while you are under the bankruptcy stay 'they are void by the rule of law'. While you are at it send the motion to the state rep that filed the lien.

[biotechsolution]

you have to remember the trustee only job is to look for assets to give to your creditors. The lien would have no bearing on your assets, unless the lien is attached to asset that can be sold, it does no good for him.