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Codebtor stay violation sample Adversary Proceeding complaint
Does anyone have a sample of a codebtor stay violation adversary proceeding
complaint they can share with me? This matter is in the Central District of
California.
Chase Bank continues to send statements (to my office) showing that the
nonfiling codebtor is delinquent and that fees and interest are accruing.
They have failed to file a proof of claim in the chapter 13 in which the
confirmed plan provides for 100% of their claim.
I am not sure why they are sending the statements to my office and not to
the codebtor (maybe some end run around a stay violation?)
I am sure they are probably dinging the codebtor's credit score, which is a
damage resulting from their violation.
I already advised them over a month ago that 1) they are violating the stay
and if they continued to do so, I would sue them, 2) they are provided for
100% in the Plan, and 3) they need to file a proof of claim.
They have not filed a claim, and seem to be ignoring me.
Should I file a proof of claim on their behalf? If so, to what address does
Chase credit card usually want payments sent?
Should I just go ahead and file the AP against them and not give them any
further notice? Can I get attorneys' fees for violation of the codebtor
stay under 363(k)?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
Does anyone have a sample of a codebtor stay violation adversary proceeding complaint they can share with me? This matter is in the Central District of California.Chase Bank continues to send statements (to my office) showing that the nonfiling codebtor is delinquent and that fees and interest are accruing. They have failed to file a proof of claim in the chapter 13 in which the confirmed plan provides for 100% of their claim.I am not sure why they are sending the statements to my office and not to the codebtor (maybe some end run around a stay violation?)I am sure they are probably dinging the codebtor's credit score, which is a damage resulting from their violation.I already advised them over a month ago that 1) they are violating the stay and if they continued to do so, I would sue them, 2) they are provided for 100% in the Plan, and 3) they need to file a proof of claim.They have not filed a claim, and seem to be ignoring me.Should I file a proof of claim on their behalf? If so, to what address does Chase credit card usually want payments sent?Should I just go ahead and file the AP against them and not give them any further notice? Can I get attorneys' fees for violation of the codebtor stay under 363(k)?Holly RoarkCertified Bankruptcy Specialist*
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067T (310) 553-2600; F (310) 553-2601
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