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Questions Answered by Peter Maurice Lively
3 Answers | Asked in Bankruptcy for California on
Q: Do I have a case against my creditor for harassment?

My creditor called me today asking for the car. I told her to contact my trustee and she started shouting saying the trustee has nothing to do with this. She started calling me ignorant and shouting saying do whatever you want i don't care.

Peter Maurice Lively
Peter Maurice Lively
answered on Jul 11, 2018

The Bankruptcy Code section 362(k) provides for an individual (including the debtor) to recover actual damages and potentially punitive damages for a willful violation of the automatic stay, you would likely have difficulty proving damages. However, the automatic stay terminates as to personal... View More

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4 Answers | Asked in Bankruptcy for California on
Q: If I filed for bankruptcy on my own does that give the creditors the right to still call me?
Peter Maurice Lively
Peter Maurice Lively
answered on Jul 10, 2018

If a creditor is calling with the intent to collect a debt, then the automatic stay arising from the filing of your bankruptcy is being violated regardless of whether you are represented by and attorney or not.

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5 Answers | Asked in Bankruptcy for California on
Q: Does the bankruptcy means test take into consideration that I have three kids?
Peter Maurice Lively
Peter Maurice Lively
answered on Jul 9, 2018

If your children are not minors or full-time college students living at home, or otherwise claimed as dependents on your tax returns, they will not count toward the Means Test median income component or the calculation of projected disposable income. You should consult with an experienced... View More

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