Motion for contempt and Violation of Stay

[Rick9972]

I have several questions and hope you will have the time to respond.

1. My BK has been closed for almost a year. Does it have to be reopened to file this motion?

2. I have 5 creditors and Experian that I need to file against. Do I do them together or individually?

3. I have successfully filed (won) suits as a Pro Se in Federal court for FCRA and FDCPA violations. Do I need to include the same level of information with my motion as you would when you initially file one of these suits? Basically include enough information to survive the 12-b-6 motion?

4. What are the normal fees for filing this motion?

Any other information would be very helpful.

Thanks

[justbroke]

1. My BK has been closed for almost a year. Does it have to be reopened to file this motion?

Absolutely yes. Please check your local rules. In most Districts, a case can be re-opened WITHOUT PAYING THE $260 FEE, if you are filing a motion or complaint regarding dischargeability or a violation. Again, you must check your local rules.

Also, you may need to see if your District allows dischargeability or stay violations to be done by Motion if the case is closed. It may need to be done by complaint.

2. I have 5 creditors and Experian that I need to file against. Do I do them together or individually?

You could do an Omnibus Motion but I'm unsure if your Court or Judge would allow this. Some don't like them consolidated. I would probably be inclined to file 5 different Motions or 5 different complaints.

3. I have successfully filed (won) suits as a Pro Se in Federal court for FCRA and FDCPA violations. Do I need to include the same level of information with my motion as you would when you initially file one of these suits? Basically include enough information to survive the 12-b-6 motion?

I have won in the U.S. Bankruptcy Court in a Complaint (Adversary Proceeding) against a creditor! If this "can" be done by motion in your District, then you don't need all the things required for a complaint (venue, jurisdiction, etc).

4. What are the normal fees for filing this motion?

No fee for a Motion, but $260 to re-open the case if your District doesn't waive this for stay violations or dischargeability issues. Also, if your District requires it to be filed by complaint... if your a Chapter 7 debtor then you don't need to pay the $250 filing fee for a complaint.

[HHM]

On a technical note, why would you be brining Experian into BK court; I can't think of any violation that they could commit for which the BK court would have jurisdiction. I can see some convoluted arguments, but at the end of the day, unless they are a creditor, the BK court will most likely just kick any claim against them out of BK court.

[Rick9972]

On a technical note, why would you be brining Experian into BK court; I can't think of any violation that they could commit for which the BK court would have jurisdiction. I can see some convoluted arguments, but at the end of the day, unless they are a creditor, the BK court will most likely just kick any claim against them out of BK court.

Experian is one I have been thinking about. Not decided how to pursue yet. Here is the problem I have with Experian.

They have flat out refused to investigate a couple of accounts. (this was what was provided on the first time I disputed these accounts) Here is Experian's statement on refusing to investigate.

"Experian seeks to report a consumer's credit history accurately. Delinquencies that occur after the petition date but before the discharge date are part of a consumer's credit history as they occur at a time when the consumer has not yet been discharged from the debt. Experian does not report on delinquencies occurring after the debt has been discharged."


Where do you feel would be the most appropriate place to pursue?