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violation of the automatic stay
If the action is vacated, it will be stricken from the credit report
entirely and there will be no hit. In addition, there's a good chance your
creditor will escape the willfulness requirement because the time frame was
so small between filing and commencement of the civil action.
Send a letter, count to 10 days and sue if there's no movement.
On Fri, Aug 31, 2012 at 9:23 AM, Kirk Brennan wrote:
> **
>
>
> Assuming the creditor dismisses its post petition state court suit,
> hasn't damage already been done? Like Jay said, the hit on the creditor
> report. Might be hard to quantify, but why not ask for a couple grand plus
> attorney fees?
> On Aug 31, 2012 8:55 AM, "Jay Fleischman" wrote:
>
>
>
If the action is vacated, it will be stricken from the credit report entirely and there will be no hit. In addition, there's a good chance your creditor will escape the willfulness requirement because the time frame was so small between filing and commencement of the civil action.
Send a letter, count to 10 days and sue if there's no movement.On Fri, Aug 31, 2012 at 9:23 AM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
Assuming the creditor dismisses its post petition state court suit, hasn't damage already been done? Like Jay said, the hit on the creditor report. Might be hard to quantify, but why not ask for a couple grand plus attorney fees?
On Aug 31, 2012 8:55 AM, "Jay Fleischman" <bankruptcy@gmail.com> wrote:
The post was migrated from Yahoo.
Assuming the creditor dismisses its post petition state court suit, hasn't
damage already been done? Like Jay said, the hit on the creditor report.
Might be hard to quantify, but why not ask for a couple grand plus attorney
fees?
On Aug 31, 2012 8:55 AM, "Jay Fleischman" wrote:
Assuming the creditor dismisses its post petition state court suit, hasn't damage already been done? Like Jay said, the hit on the creditor report. Might be hard to quantify, but why not ask for a couple grand plus attorney fees?
On Aug 31, 2012 8:55 AM, "Jay Fleischman" <bankruptcy@gmail.com> wrote:
The post was migrated from Yahoo.
Link, you'd need to get a credit expert on the stand to testify as to the
likely post-discharge score without the lawsuit and with it. No small
feat, but I'm betting there's a mortgage broker who's got a bunch of time
on his or her hands to discuss such an issue before the court.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people with overdue bills, credit reporting problems, and debt
collection harassment. Questions? Just hit REPLY or check out my website
here: http://www.ConsumerHelpCentral.com
NACBA Co-Chair, New York
Founder and Past President, Bankruptcy Law Network
NEW YORK OFFICE
350 Fifth Ave Ste 7210
New York NY 10118
T: 646.827.0758
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Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
Link, you'd need to get a credit expert on the stand to testify as to the likely post-discharge score without the lawsuit and with it. No small
The post was migrated from Yahoo.
Jay - What do you typically see in terms of value for the credit hit ?
Michael Grennier, Esq.
*Grennier Law, PC*
*5851 Thille Street, Suite 103*
*Ventura, CA 93003*
(805) 643-3900
(805) 830-0467 - Fax
grennierlaw.com
*#1 Bankruptcy Filing Attorney in Ventura Co*
On Thu, Aug 30, 2012 at 5:27 PM, Jay Fleischman wrote:
> **
>
>
> Kirk, I'm betting the collector's lawyer didn't get the notice by the time
> it was sent out to the process server. A phone call should get it
> withdrawn; give them 10 days to make it right and, if they fail to do so,
> make your motion.
>
> Damages would include not only legal fees (legal fees are considered part
> of damages under 362) but also the hit to the debtor's credit post-petition.
>
> -------------
> Jay S. Fleischman, Esq.
> Shaev & Fleischman, LLP
>
> I help people with overdue bills, credit reporting problems, and debt
> collection harassment. Questions? Just hit REPLY or check out my website
> here: http://www.ConsumerHelpCentral.com
>
> NACBA Co-Chair, New York
> Founder and Past President, Bankruptcy Law Network
>
> NEW YORK OFFICE
> 350 Fifth Ave Ste 7210
> New York NY 10118
> T: 646.827.0758
>
> COMING SOON TO THE LOS ANGELES AREA
>
> Email isn't secure, so it's not confidential. By communicating with me by
> email, you understand that it's not confidential.
>
>
>
*Grennier Law, PC*
*5851 Thille Street, Suite 103*
*Ventura, CA 93003*
(805) 643-3900
(805) 830-0467 - Fax
grennierlaw.com
*
*
*#1 Bankruptcy Filing Attorney in Ventura Co*
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Jay - What do you typically see in terms of value for the credit hit ?Michael Grennier, Esq.Grennier Law, PC5851 Thille Street, Suite 103Ventura, CA 93003
(805) 643-3900(805) 830-0467 - Faxgrennierlaw.com
The post was migrated from Yahoo.
Kirk, I'm betting the collector's lawyer didn't get the notice by the time
it was sent out to the process server. A phone call should get it
withdrawn; give them 10 days to make it right and, if they fail to do so,
make your motion.
Damages would include not only legal fees (legal fees are considered part
of damages under 362) but also the hit to the debtor's credit post-petition.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people with overdue bills, credit reporting problems, and debt
collection harassment. Questions? Just hit REPLY or check out my website
here: http://www.ConsumerHelpCentral.com
NACBA Co-Chair, New York
Founder and Past President, Bankruptcy Law Network
NEW YORK OFFICE
350 Fifth Ave Ste 7210
New York NY 10118
T: 646.827.0758
COMING SOON TO THE LOS ANGELES AREA
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
The post was migrated from Yahoo.
You first have to attempt to get them to withdraw via written request.
If they ignore you, then yes filed motion and good change you will get
fees and whatever other damages debtor may have incurred.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
The post was migrated from Yahoo.
Chapter 7 client files bk 7/20/12 and lists creditor and debt collector
among unsecured debts on schedule F. Debt collector files suit on behalf
of creditor on August 4, 2012.
I have never filed suit for violation of the auto stay before. Is it a
motion for sanctions for violation of the auto stay or an adversary
proceeding?
In your experiences, would such a violation lead to a damage award?
Thanks,
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Chapter 7 client files bk 7/20/12 and lists creditor and debt collector
among unsecured debts on schedule F. Debt collector files suit on
behalf of creditor on August 4, 2012. I have never filed suit for
violation of the auto stay before. Is it a motion for sanctions for
violation of the auto stay or an adversary proceeding?
In your experiences, would such a violation lead to a damage award?Thanks,-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.
I need help,
Post-Petition: debtor is current on car payments, debtor owes monies to a co-signer, who is an individual), co-signer ignores bankruptcy and repossess car into his possession, (not the creditor car company), I called the co-signer, after calling me"*&^%$#@" and then some, he told me to sue him, laughed and hung up. Looks to me, I need to file a motion for violating the automatic stayand/or turnover motion. Hopefully someone in this group did a successfull motion and had a vehicle returned.
any help will be greatly appreciated
thank you
axel
I need help,
Post-Petition: debtor is current on car payments, debtor owes monies to a co-signer, who is an individual), co-signer ignores bankruptcy and repossess car into his possession, (not the creditor car company), I called the co-signer, after calling me "*&^%$#@" and then some, he told me to sue him, laughed and hung up. Looks to me, I need to file a motion for violating the automatic stay and/or turnover motion. Hopefully someone in this group did a successfull motion and had a vehicle returned.
any help will be greatly appreciated
thank you
axel
The post was migrated from Yahoo.