I guess it is not over yet

[ronsetoe]

We filed on 7/20 had our 341 last week and that went well. Yesterday a deputy showed up at my house at 8:00 AM and served us with 2 sets of court papers where CC companies and trying to get a judgement against us. They were filed at the court house on 9/29 a week after the 341 and 2 months from filing.
One is Midland credit for $7600...for Cap one. The other is Calvary Financial for Orchard Bank for $2300. There are two different law firms representing them.
I checked or BK papers and all 4 are listed as well as the amounts. I did not think they could do this after we filed?? No creditors showed up to our 341? Am I going to have to go to court and show the judge our BK papers? TIA

[Freddy03]

If you have an attorney give him/her the paperwork and they will handle it. You won't have to go to court for these. If you filed pro se call your court house and you can give them your case number over the phone. If that doesn't work then call the attorneys for the creditors and give them your BK case number.

As long as those creditors are listed on the matrix you are ok

[ronsetoe]

They are listed and I called my attorney but I have not heard back. I will give their attorney a call with the case #

[ttg1]

If they are listed on the matrix your attorney should sue them! That clearly is a violation of automatic stay.

[IamOld]

Ron, this is a BLATANT violation of the automatic stay - you may yet get to spank these greedy a*holes!!!! Worry not - make sure your atty gets onto them. AT WORST you can also send notice of your bK to the court, BUT that's what the atty gets paid for (and if he takes them on for a stay violation he/she will get more from the "opposition" and you'll get a few bucks as well.)

[Freddy03]

We filed on 7/20 had our 341 last week and that went well. Yesterday a deputy showed up at my house at 8:00 AM and served us with 2 sets of court papers where CC companies and trying to get a judgement against us. They were filed at the court house on 9/29 a week after the 341 and 2 months from filing.
One is Midland credit for $7600...for Cap one. The other is Calvary Financial for Orchard Bank for $2300. There are two different law firms representing them.
I checked or BK papers and all 4 are listed as well as the amounts. I did not think they could do this after we filed?? No creditors showed up to our 341? Am I going to have to go to court and show the judge our BK papers? TIA

I'm confused - when were they filed with the court?

[ronsetoe]

They suits were filed with the court on 8/29 not 9/29 typo. We filed 7/20 and our 341 was 8/23

[drowning123]

Ron, you're in the clear.

[justbroke]

Forget being in the clear... I would have your attorney pounce. This would basically mean that your attorney sends them a 5 day demand to cease all activities and to withdraw and dismiss the state court action. A failure to do so would result in a contempt motion in the bankruptcy court along with sanctions. I'm sure they don't want to pay your attorney fees!

[GIn]

This would basically mean that your attorney sends them a 5 day demand to cease all activities and to withdraw and dismiss the state court action.

Does this apply to suits that were filed BEFORE the BK was filed or just those filed after the BK was filed? What happens to suits still in the litigation process when BK is filed?

[justbroke]

It applies to any continuation of process (before the case commenced) and for any new collection activity for a covered debt that would be discharged in the bankruptcy. Suits in process must stop. They could file for a request for relief from stay (RFS) in the bankruptcy court and/or file a complaint in the bankruptcy process, but unless the debt is non-dischargeable, it is highly unlikely that they'd be allowed to continue suit (by having an RFS granted).

[ronsetoe]

I spoke with the attorney this evening and she was kind of miffed. Their firm will fax and mail certified letters to all 6 companies involved. I don't have the energy, money or inertia to sue anyone. I am too tired, beaten down and broke to pursue anything. I just want to get on with my life and make the best of what I can and how I can for my family. Thanks for the replies and justbroke I read your #9 post verbatim to the atty and it got them going! Thanks much!

[IamOld]

Best wishes ronsetoe - I know exactly what you mean - that sometimes we all feel like this is going to crush us - don't let them win - you will prevail!!!!!!!!!!!!! BEST WISHES!!!

[AngelinaCat]

I spoke with the attorney this evening and she was kind of miffed. Their firm will fax and mail certified letters to all 6 companies involved. I don't have the energy, money or inertia to sue anyone. I am too tired, beaten down and broke to pursue anything. I just want to get on with my life and make the best of what I can and how I can for my family. Thanks for the replies and justbroke I read your #9 post verbatim to the atty and it got them going! Thanks much!

Ron, hang in there--you have made it this far. Your attorney will (or should) whap these guys down! Good karma is coming your way!

[btbeme]

Whenever someone feels bad about filing BK and "stiffing" their creditors, I send them a link to a story like this.

Creditors do not have a soul (or a brain). They have processes and procedures.