discharged 2/12
First of all...I want to thank everyone for the help I received when I used this forum to successful navigate my bk. It went well.
Here's where I am now...and what I need help with. Right after filing, my neighbor, whom I share a water well with as equal owners, was upset that I wouldn't be paying him the money he felt I owed him as a result of ongoing well operation expenses prior to the stay. In retaliation, he physically cut my water line from the well and tried to keep it that way until I paid something. I took it to the BK Judge who ruled that as a matter of law, utilities can't be cut for at least 20 days after a filing. That enabled me to get the water reestablished...and it was the only thing the judge said in his order; a utility cant be cut prior to 20 days.
Well the neighbor took it upon himself to think that meant he could cut it after 20 days....as if he had standing to do so...and even so the Federal BK judge said to settle the well dispute in my state court.
So the state court judge said in his injunction against harassment ruling (that I filed against the neighbor) that cutting my water was wrong and the bk ruling was beside the point. He ruled that my neighbors action was harassment.
In the months following that ruling...my neighbor sent me a bill every month under the guise that it was a valid bill for normal operations...but in fact, included the cost of his expenses to illegally cut my water line in the first place right after the filing. It wasn't until discovery in my civil suit against him that I discovered (pun intended) that he had been trying to get me to pay for those expenses for that crime. He still refuses to stop demanding payment specifically for his expenses to cut my line (the bill from the plumber) to this day. It even says on the invoice that the work specifically was to cut my line). When he first had my line cut....he allowed himself to be video recorded saying the reason he was doing it was because I hadn't paid my bill.
In that the demands/harassment are still happening and current...can I still sue him in Federal court even though the underlying lawsuit in State court is active? There were a lot of other damages in the state suit...but they all were part of retaliation for filing chapter 7. The civil suit will probably be hugely successful and may even incorporate punitive damages (yes...it really was that bad...there are numerous contempt of courts...false statements to judges and false statements attributed to judges...and it goes on). I just want to know if the civil case precludes me from filing in federal court to stop his demand for payment of his expenses to harass me back in 2012...even thought my bk has been closed.
Ideas? Thoughts?
First of all...I want to thank everyone for the help I received when I used this forum to successful navigate my bk. It went well.
Here's where I am now...and what I need help with. Right after filing, my neighbor, whom I share a water well with as equal owners, was upset that I wouldn't be paying him the money he felt I owed him as a result of ongoing well operation expenses prior to the stay. In retaliation, he physically cut my water line from the well and tried to keep it that way until I paid something. I took it to the BK Judge who ruled that as a matter of law, utilities can't be cut for at least 20 days after a filing. That enabled me to get the water reestablished...and it was the only thing the judge said in his order; a utility cant be cut prior to 20 days.
Well the neighbor took it upon himself to think that meant he could cut it after 20 days....as if he had standing to do so...and even so the Federal BK judge said to settle the well dispute in my state court.
So the state court judge said in his injunction against harassment ruling (that I filed against the neighbor) that cutting my water was wrong and the bk ruling was beside the point. He ruled that my neighbors action was harassment.
In the months following that ruling...my neighbor sent me a bill every month under the guise that it was a valid bill for normal operations...but in fact, included the cost of his expenses to illegally cut my water line in the first place right after the filing. It wasn't until discovery in my civil suit against him that I discovered (pun intended) that he had been trying to get me to pay for those expenses for that crime. He still refuses to stop demanding payment specifically for his expenses to cut my line (the bill from the plumber) to this day. It even says on the invoice that the work specifically was to cut my line). When he first had my line cut....he allowed himself to be video recorded saying the reason he was doing it was because I hadn't paid my bill.
In that the demands/harassment are still happening and current...can I still sue him in Federal court even though the underlying lawsuit in State court is active? There were a lot of other damages in the state suit...but they all were part of retaliation for filing chapter 7. The civil suit will probably be hugely successful and may even incorporate punitive damages (yes...it really was that bad...there are numerous contempt of courts...false statements to judges and false statements attributed to judges...and it goes on). I just want to know if the civil case precludes me from filing in federal court to stop his demand for payment of his expenses to harass me back in 2012...even thought my bk has been closed.
Ideas? Thoughts?
Bankruptcy Wizard
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