Post discharge question on foreclosure

[idainc]

I have a house that I am surrendering. We filed almost two months ago and there's been no motion by the lender ( Chase) to lift the stay.

Once we are discharged in about 6 weeks or so do they need to do anything or can they just re-schedule the trustee sale ? The trustee sales firm staff advises me that they always get a lift stay order " even if its after the discharge " which is indicative of the level of the people involved.

Any thoughts ?

[justbroke]

No thoughts. Were you even in arrears at the time you filed? I can't tell you whether they'll file for relief or not. Most Judges will DENY a post-discharge relief motion as MOOT.

[idainc]

Thanks justbroke. We were 10 months in arrears and a week from the trustee sale when we filed on April 7th. Maybe the bank is just waiting out the discharge and then will proceed with the sale.

OT - You have portion of your blog devoted to what seems like a matter related to a creditor violating the auto stay. You filed a motion. Do you have a redacted version of it or is there a blank available somewhere ? Also you served the motion on the creditor yourself I presume. I am getting hammered for pre petition debts to my former HOA.

[justbroke]

OT - You have portion of your blog devoted to what seems like a matter related to a creditor violating the auto stay. You filed a motion. Do you have a redacted version of it or is there a blank available somewhere ? Also you served the motion on the creditor yourself I presume. I am getting hammered for pre petition debts to my former HOA.

I hope you're asking me...

So first, if you haven't received your discharge yet, the HOA shouldn't be sending your bills for pre-petition bills since they are discharged in the bankruptcy. Did you list your HOA as a creditor and list them on the Matrix?

So my complaint is a complaint in an adversary proceeding (AP). It's basically a lawsuit within the bankruptcy process (and heard in the Bankruptcy Court). My lawsuit is really has two parts. One is if the debt is non-dischargeable (11 USC 523) and the other is a willful and egregious violation of the automatic stay.

Since a complaint is so fact and case specific, I can't provide a version because everything is just a numbered list of facts and then prayer for relief.

[idainc]

Well yes, I'm getting both pre and post filing bills as well as phone calls from the house "paralegal" telling me how its going to be. Nasty. They were listed as a creditor and on the matrix.

Understood. So its a Motion for Show Cause Order - violationof Automatic Stay sort of thing ? I guess I can recite the facts from there.

There have been two incidents. One in writing, one verbal and I sent them a letter demanding they stop. Then I got a phone call.

Any thoughts on what to ask for as a fine / compensation ? I'm self employed and its a waste of my time entertaining htis. If I hired alawyer I'd get their fees back at least.

[justbroke]

Understood. So its a Motion for Show Cause Order - violationof Automatic Stay sort of thing ? I guess I can recite the facts from there.

It really depends on local procedure. In most courts, an 11 USC 362(a) stay violation can be done as a contested matter using a Motion for Entry of Order to Show Cause and for Sanctions. Some courts, by local practice, may require it to be by Complaint (more complex).

There have been two incidents. One in writing, one verbal and I sent them a letter demanding they stop. Then I got a phone call.

Just make sure you have all this documented and include them as individual exhibits to any motion or complaint that you file.

Any thoughts on what to ask for as a fine / compensation ? I'm self employed and its a waste of my time entertaining htis. If I hired alawyer I'd get their fees back at least.

Ask for any amount you want. I used $1,000 per incident, and then a 2:1 factor for punitive damages since, in my case, it was egregious and continuing.

Hopefully you sent that letter certified mail return receipt.

[idainc]

No, I wish I had sent it certified. But I didnt.

Well, in today's mail I got another bill from the HOA. Second one with pre-petition fees on it and now there's late fee's added. And today, I filed a motion for a show cause order - violaiton of automatic stay. I asked to be compensated for my time ( total 13 hours to familiarize myself with this mess ) ( we filed pro se) and any and all sanctions and fines the court sees fit. This group is especially arrogant and caustic. They called and sent a bill after my cease and desist letter. I mailed them a copy of the motion via regular mail.

My sense of this is that because we filed pro se they seem to feel empowered to take advantage or to bully us.

I cant imagine what they'll say or do but I've had denough. They'd have to have a BK attorney admitted to that court file a response and make an appearance. Paying me off may be cheaper.

[justbroke]

Well, let's know how it plays out.