Q: Violation of bankruptcy stay. Should I take them to court?
My chapter 7 no asset case was discharged 4/25/2017. But an attorney's office who I did personally notify about the impending bankruptcy filing, sued and got a judgment after I filed. The creditor they represented was listed in the bankruptcy filing, as was the pending lawsuit case number.
On 3/28/2017 they got a writ of garnishment served. The garnishee was my former bank, and they were not able to get funds.
When I called the attorneys office to notify them of the bankruptcy case filing, they told me they ignored my phone call about my pending filing because they get calls like that all of the time. They also said I should have listed them separately as representatives of the original creditor. The original creditor was notified.
I am upset and feel anxious all over again. Should I let them and their excuses go, or should I make them answer to the bankruptcy judge? I feel they knowingly violated the bankruptcy stay.
A: Yes, it appears from your statement of fact that a violation of the discharge injunction occurred. Definitely, get with your attorney and they may wish to pursue this before the Court. If you did not have an attorney, you may wish to hire one now for this issue as it would be very difficult for you to try and deal with this on your own. Hope it works out. Good Luck.
1 user found this answer helpful
A: I recommend that you speak with your attorney and have him file a motion for sanctions. They should not be able to get away with such a blatant violation of the Bankruptcy Code
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