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Stay and Discharge Violations
Colleagues,
I have a situation where my client's wages were garnished while her case
was pending AND again AFTER discharge in her Chapter 7 case.
Judge: Wallace/Riverside
The first garnishment happened near Thanksgiving, 2014. I immediately
issued a cease and desist and was able to recover her wages.
Then, a SECOND garnishment occurred in January, 2015. I again, issued a
cease and desist and again, was able to recover the wages.
Now, I want to move for contempt in the debtor's bankruptcy case. We have
sent the safe harbor letter and it was ignored. We have also filed suit in
federal district court, but that was dismissed due to Walls v. Wells Fargo.
QUESTION: Would a Motion for OSC be fruitful here solely to recover
attorney fees, emotional distress and punitives?
OR, since the problem has stopped, would the judge not allow such a motion?
Thanks in advance for your input on this.
Christine
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Blog: www.losangelesbankruptcylawmonitor.com
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