Credit Card Companies That Do Not Comply With The Stay

[ChaseSucks]

Even though: Pursuant to 11 U.S.C. Section 362(a), creditors are automatically stayed by the filing of this petition from taking any action to collect any debt or from enforcing any lien against her. A violation of the stay may be actionable pursuant to 362(h) or as contempt of court and punishable accordingly.

Bank Of America and Capital One willfully and in violation of the law continue to ignore the stays of filers. They are just arrogant or too stupid to receive and comply with a Federal order. Bank Of America is just about the most ignorant bunch of bozos on the planet. They will continue to bill you, send you collection notices and call you. Even after the trustee notice, 4 letters and a call from the attorney. May they burn in hell.

[Minnymouth]

This is where you come in and file a grievance and the Court fines them $1000for each time they disobey the stay payable to the petitioner. Continuance can mean contempt of Court...

A company I was dealing with was ordered by the Court to pay ME $100.00 a day for everyday they held up releasing the lien on my deed. When the Court jumped it up to $500.00 a day, THEN THEY SAW THE LIGHT!!! That little trick cost them...... extra money in my pocket.... was NICE!! If they want to be stupid, I'll collect for their stupidity....

[CountryGirl]

I anticipate having some of these kinds of issues. B of A already played all kinds of games in saying they never recieved notices or one department recieved it but another did not, etc, etc.....just a bunch of ridiculas nonsense, then they cleaned out our checking. So far I have not had any post petition pestering for payment except for from HSBC (Orchard) although I would like to be prepared for what I fear may be quite a bit in light of the number of accounts we have gotten relief from.

Can the grievences you mention be filed myself or is that something you have to weigh paying an attorney for. I got my first billing from HSBC yesterday after they had not sent one since notice of our filing, so certainly they know they are included in our bankruptcy. What is the best thing to do, maybe send them a registered letter with another copy of our filing notice to them?

Maybe there is another thread with these answers I can be pointed to?

Thanks,

[Gabriel_S]

Sorry. I added this info in the wrong Thread.

[justbroke]

Can the grievences you mention be filed myself or is that something you have to weigh paying an attorney for. I got my first billing from HSBC yesterday after they had not sent one since notice of our filing, so certainly they know they are included in our bankruptcy. What is the best thing to do, maybe send them a registered letter with another copy of our filing notice to them?

You would want an Attorney to do this. First, are you already discharged? Is this a Chapter 7 or Chapter 13? I'm wondering why this started so soon. Had you previously filed a Chapter 7 or Chapter 13 and it was dismissed? So many questions...

Anyhow, you need to file a Violation of Automatic Stay and Motion to Sanction. You do this if it's a clear violation.

Some companies may not have received notice, but all MAJOR Banks receive the electronic filing notice from either the Bankruptcy Court (which they subscribe to) and/or the Credit Reporting Agencies, who also automagically get the filing OVERNIGHT the day of the filing! (I know this personally!)

The only way to prove a willful (it could be accidental too but the language is willful) violation is to document that they knew or should have known about the automatic stay. I would say that BofA and others are definitely in the should have known category. Especially if they set-off your credit card debt against your demand deposit accounts!

I assume, by what you posted, that you already contacted these Banks and told them about the case. Gave them your case number, lawyer's name, and other pertinent information. I assume that they continued sending you bills AFTER you did that.