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Filed Pro Se, BK7 discharged and now been SERVED...

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    #1

    Filed Pro Se, BK7 discharged and now been SERVED...

    ...I had given up an auto at the time of filing my Chapter 7 that I had decided to give up. I was in contact with the Auto finance company (who knew I had filed) and made arrangements for the vehicle to be picked up. The SUV was picked up early Nov. '09. I have received my discharge in Dec. '09 and was served a Summons this past Sun at my home. What do you know it's from the Auto finance company for the remaining balance plus interest.

    So I have prepared my Answer to the complaint in which will include a copy of my discharge and petition showing the Auto finance company and a Notice of Appearance... I will be delivering these documents personally to the attorney's office, in which by convenience the address on the summons is the address of the Auto finance company and I will be delivering a copy to the District court to be filed...

    I'm here for any tips/suggestions/etc... Am I missing anything? Is there additional information I need to know with this process?
    Pro Se
    Filed Chapter 7: 08/11/2009
    341 Hearing: 09/10/2009
    Discharge: 12/11/2009
    Tags: None
    #2
    If your Bankruptcy Case is still open, you need to file a Motion for Entry of Order to Show Cause and for Sanctions. This is a significant violation of the Discharge Order and Permanent Injunction. This auto creditor should feel the full power of the U.S. Bankruptcy Court for filing such a petition with the lower court.

    I would ask for thousands of dollars in damages for them having done so.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment

      #3
      I always agree with 'JB', but in my opinion, they are way out of line and yes go for blood. They are sharks attempting to reap in those easily intimidated and by fear will succumb. Be careful what you say or write as you do not wish to verbally affirm any debt. Many tricksters out there. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment

        #4
        JB is right. Even if your case has been closed it is worth your time an effort to bring sanctions against this discharged creditor!

        What can the debtor do if a creditor attempts to collect a discharged debt after the case is concluded?

        If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine.
        United States Courts
        http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/discharge.html


        Go get em! You might want to use an attorney as the attorney fees will be paid by the violating creditor and it appears you have a solid case. Sanctions are much larger than FDCPA violations, but if I were you I would throw everything possible against the creditor.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009
        I am not an attorney. None of my advice is legal advice in any way..

        Comment

          #5
          Actually, many lawyers will take the violation of the discharge injunction on contingency!!!
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment

            #6
            Cool. Go for it cherry! I'll sit here in the sidelines knowing not-a-thing that could be remotely helpful and cheering you on.

            Comment

              #7
              justbroke - discharged closed Dec. 14, 2009. Just like you mention, many attorneys will take the violation of discharge injunction on contingency, in which will most likely happen in my situation.

              I dearly appreciate your comments/tips - justbroke, AHub, StartingOver08 and Tigergem.

              I'm definitely filing my answer to their complaint tomorrow morning (which will be day 5 of the 20 days the summons gave). I'm sure I will not be hearing from them again. (And so they thought I would just ignore the summons and they receive a default judgement - I THINK NOT!).
              Pro Se
              Filed Chapter 7: 08/11/2009
              341 Hearing: 09/10/2009
              Discharge: 12/11/2009

              Comment

                #8
                Oh hey. This guy will probably eat them alive. lol. I dunno. I don't know if he is "good" or not, but if I was in your sitch this is who I would probably call. http://www.stayviolation.com/

                And here is a heartwarming story to cheer you on.

                Rajaspin - Menyediakan Akun Turbo Seru X500 Resmi Login Situs Rajaspin
                http://www.thebklawyer.com/thebkblog/2006/04/04/150-automatic-stay-violation-results-in-6000-damages-award/
                Rajaspin adalah solusi untuk pengalaman bermain yang lancar dan menyenangkan. Nikmati kecepatan akses, fitur menarik, dan akses eksklusif dengan akun resmi Rajaspin X500. Login mudah dan aman, mulailah petualangan seru Anda sekarang!


                I am in NO WAY affiliated with either of these sites. I'm not even a customer. I just ran across them on google.

                Comment

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