Hello again wonderful community

[flashoflight]

I didn't bother with the suggestion of bankruptcy to the state court. The plaintiff has the burden to fix the mess, not me. Once the BK is filed, it's over.

[bornfree2]

Love you guys! So basically if the prosecution opens their mouth to further pursue the matter in court, i have cause for violation. So i can just continually remind them they are in violation and document it and maybe even sue them afterwards. Probably wont come to that...but its good to have that confidence.

And yeah, i still over analyze everything.... hehe

[justbroke]

Love you guys! So basically if the prosecution opens their mouth to further pursue the matter in court, i have cause for violation. So i can just continually remind them they are in violation and document it and maybe even sue them afterwards. Probably wont come to that...but its good to have that confidence.

If they didn't know... the notice of bankruptcy crossed in the mail... then it's a "technical" violation and no bankruptcy judge would punish them.

But, if they had actual or constructive notice and continued prosecuting a case in violation of the stay/injunction, that's sanctionable. A Motion to Show Cause and for Sanctions usually gets the offending creditor to back off.

I had a creditor that kept sending me bills. They were notified by the BNC (Bankruptcy Noticing Center), me personally, me by fax, me by phone, that there was a bankruptcy. They wouldn't stop sending nasty letters threatening suit, as well as calling me to harass me. Guess what made them stop? The Motion for Sanctions and to Show Cause. They ended up paying me several thousands dollars to settle the sanctions violation.

My favorite of all time is the Florida bankruptcy judge that awarded a debtor $80,000 for 80 collection calls made to the debtor. The most exciting part was that the judge stated that if Verizon sent one more bill or called one more time, then the judge would consider punitive damages. The judge thought that punitive damages of 4X the initial award might change Verizon's attitude. Just like that... Verizon didn't call one more time. (Verizon was looking at $400K in stay violation sanctions for just 81 phone calls... and that was the only thing that got them to stop.)

Bankruptcy courts are very very very very serious about the automatic stay and the permanent discharge injunction. It's very easy to prosecute because the burden on having not violated the stay is on the creditor. It's pretty cut and dry... did they or did they not try to collect.

[bornfree2]

justbroke - Florida continues to be the land of the free it seems. Not commifornia anymore.

My research tells me i should send them and the court a 'notice of stay of proceedings' . https://www.courts.ca.gov/documents/cm180.pdf . And i will send it via fax and regular mail. I cant afford a proof of service for this, and the fax receipt should be enough proof i had sent it. I can also send an email.

I will also tell them specifically i am completely broke and literally have no assets. The little i have will all fall under the exemptions. To give a hint to not bother with a proof of claim after the 341 meeting.

[justbroke]

For a Chapter 7, creditors are smart enough not to file a claim unless the Chapter 7 Trustee sends out a notice of (potential) distribution and seeks claims to be filed. Otherwise, you will hardly ever see any claims filed in a Chapter 7 case especially when it's a no-asset case. It's quite useless.