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violation of the automatic stay
Sorry, I meant that I bring in the creditor as well as the law fim.
On Tue, Sep 4, 2012 at 8:22 PM, Kirk Brennan wrote:
> **
>
>
> What about the law firm representing the creditor?
> On Sep 4, 2012 8:09 PM, "Jay Fleischman" wrote:
>
>> **
>>
>>
>> When I sue, I usually bring in the creditor but that's largely so I don't
>> have an empty chair for a potential defendant.
>>
>> On Tue, Sep 4, 2012 at 8:07 PM, Kirk Brennan wrote:
>>
>>> **
>>>
>>>
>>> When you pursue them for a violation of the automatic stay, do you go
>>> after just the creditor or the creditor and the law firm that violated the
>>> stay on their behalf?
>>>
>>> Thanks,
>>>
>>>
>>> On Mon, Sep 3, 2012 at 8:18 PM, Jay Fleischman wrote:
>>>
>>>> **
>>>>
>>>>
>>>> It depends on the status of the debtor immediately prior to the
>>>> reporting of the civil action. I do a lot of FDCPA and FCRA work where the
>>>> consumer has not filed for bankruptcy, and in those cases the FICO hit can
>>>> be significant - especially in the case of legal action filed beyond the
>>>> credit reporting period for the underlying debt.
>>>>
>>>> Those sorts of actions can be very profitable for the consumer.
>>>>
>>>>
>>>> On Thu, Aug 30, 2012 at 5:40 PM, Grennier Law wrote:
>>>>
>>>>> **
>>>>>
>>>>>
>>>>> 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 withdrawn; give them 10 days to make it right and, if they fail to do so,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*
>>>>>
>>>>>
>>>>> This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended
>>>>> only for the use of the Individual (s) named above. If you are not the
>>>>> intended recipient of this e-mail, or the employee or agent responsible for
>>>>> delivering this to the intended recipient, you are hereby notified that any
>>>>> dissemination or copying of this e-mail is strictly prohibited. If you have
>>>>> received this e-mail in error, please immediately notify us by telephone at (805)
>>>>> 643-3900 or notify us by e-mail
>>>>> at: grennierlaw@gmail.com
>>>>>
>>>>>
>>>>>
>>>>>
>>>>
>>>
>>>
>>> --
>>> 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.
>>>
>>>
>>
>
Sorry, I meant that I bring in the creditor as well as the law fim.On Tue, Sep 4, 2012 at 8:22 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
What about the law firm representing the creditor?
On Sep 4, 2012 8:09 PM, "Jay Fleischman" <bankruptcy@gmail.com> wrote:
When I sue, I usually bring in the creditor but that's largely so I don't have an empty chair for a potential defendant.On Tue, Sep 4, 2012 at 8:07 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
When you pursue them for a violation of the automatic stay, do you go after just the creditor or the creditor and the law firm that violated the stay on their behalf?Thanks,
On Mon, Sep 3, 2012 at 8:18 PM, Jay Fleischman <bankruptcy@gmail.com> wrote:
It depends on the status of the debtor immediately prior to the reporting of the civil action. I do a lot of FDCPA and FCRA work where the consumer has not filed for bankruptcy, and in those cases the FICO hit can be significant - especially in the case of legal action filed beyond the credit reporting period for the underlying debt.
Those sorts of actions can be very profitable for the consumer.On Thu, Aug 30, 2012 at 5:40 PM, Grennier Law <grennierlaw@gmail.com> wrote:
Jay - What do you typically see in terms of value for the credit hit ?Michael Grennier, Esq.Grennier Law, PC5851 Thille Street, Suite 103
Ventura, CA 93003
(805) 643-3900(805) 830-0467 - Fax
The post was migrated from Yahoo.
What about the law firm representing the creditor?
On Sep 4, 2012 8:09 PM, "Jay Fleischman" wrote:
> **
>
>
> When I sue, I usually bring in the creditor but that's largely so I don't
> have an empty chair for a potential defendant.
>
> On Tue, Sep 4, 2012 at 8:07 PM, Kirk Brennan wrote:
>
>> **
>>
>>
>> When you pursue them for a violation of the automatic stay, do you go
>> after just the creditor or the creditor and the law firm that violated the
>> stay on their behalf?
>>
>> Thanks,
>>
>>
>> On Mon, Sep 3, 2012 at 8:18 PM, Jay Fleischman wrote:
>>
>>> **
>>>
>>>
>>> It depends on the status of the debtor immediately prior to the
>>> reporting of the civil action. I do a lot of FDCPA and FCRA work where the
>>> consumer has not filed for bankruptcy, and in those cases the FICO hit can
>>> be significant - especially in the case of legal action filed beyond the
>>> credit reporting period for the underlying debt.
>>>
>>> Those sorts of actions can be very profitable for the consumer.
>>>
>>>
>>> On Thu, Aug 30, 2012 at 5:40 PM, Grennier Law wrote:
>>>
>>>> **
>>>>
>>>>
>>>> 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*
>>>>
>>>>
>>>> This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended
>>>> only for the use of the Individual (s) named above. If you are not the
>>>> intended recipient of this e-mail, or the employee or agent responsible for
>>>> delivering this to the intended recipient, you are hereby notified that any
>>>> dissemination or copying of this e-mail is strictly prohibited. If you have
>>>> received this e-mail in error, please immediately notify us by telephone at (805)
>>>> 643-3900 or notify us by e-mail
>>>> at: grennierlaw@gmail.com
>>>>
>>>>
>>>>
>>>>
>>>
>>
>>
>> --
>> 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.
>>
>>
>
>
What about the law firm representing the creditor?
On Sep 4, 2012 8:09 PM, "Jay Fleischman" <bankruptcy@gmail.com> wrote:
When I sue, I usually bring in the creditor but that's largely so I don't have an empty chair for a potential defendant.On Tue, Sep 4, 2012 at 8:07 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
When you pursue them for a violation of the automatic stay, do you go after just the creditor or the creditor and the law firm that violated the stay on their behalf?Thanks,
On Mon, Sep 3, 2012 at 8:18 PM, Jay Fleischman <bankruptcy@gmail.com> wrote:
It depends on the status of the debtor immediately prior to the reporting of the civil action. I do a lot of FDCPA and FCRA work where the consumer has not filed for bankruptcy, and in those cases the FICO hit can be significant - especially in the case of legal action filed beyond the credit reporting period for the underlying debt.
Those sorts of actions can be very profitable for the consumer.On Thu, Aug 30, 2012 at 5:40 PM, Grennier Law <grennierlaw@gmail.com> wrote:
Jay - What do you typically see in terms of value for the credit hit ?Michael Grennier, Esq.Grennier Law, PC5851 Thille Street, Suite 103
Ventura, CA 93003
(805) 643-3900(805) 830-0467 - Fax
The post was migrated from Yahoo.
When I sue, I usually bring in the creditor but that's largely so I don't
have an empty chair for a potential defendant.
On Tue, Sep 4, 2012 at 8:07 PM, Kirk Brennan wrote:
> **
>
>
> When you pursue them for a violation of the automatic stay, do you go
> after just the creditor or the creditor and the law firm that violated the
> stay on their behalf?
>
> Thanks,
>
>
> On Mon, Sep 3, 2012 at 8:18 PM, Jay Fleischman wrote:
>
>> **
>>
>>
>> It depends on the status of the debtor immediately prior to the reporting
>> of the civil action. I do a lot of FDCPA and FCRA work where the consumer
>> has not filed for bankruptcy, and in those cases the FICO hit can be
>> significant - especially in the case of legal action filed beyond the
>> credit reporting period for the underlying debt.
>>
>> Those sorts of actions can be very profitable for the consumer.
>>
>>
>> On Thu, Aug 30, 2012 at 5:40 PM, Grennier Law wrote:
>>
>>> **
>>>
>>>
>>> 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*
>>>
>>>
>>> This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended
>>> only for the use of the Individual (s) named above. If you are not the
>>> intended recipient of this e-mail, or the employee or agent responsible for
>>> delivering this to the intended recipient, you are hereby notified that any
>>> dissemination or copying of this e-mail is strictly prohibited. If you have
>>> received this e-mail in error, please immediately notify us by telephone at (805)
>>> 643-3900 or notify us by e-mail
>>> at: grennierlaw@gmail.com
>>>
>>>
>>>
>>>
>>
>
>
> --
> 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.
>
>
>
When I sue, I usually bring in the creditor but that's largely so I don't have an empty chair for a potential defendant.On Tue, Sep 4, 2012 at 8:07 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
When you pursue them for a violation of the automatic stay, do you go after just the creditor or the creditor and the law firm that violated the stay on their behalf?Thanks,
On Mon, Sep 3, 2012 at 8:18 PM, Jay Fleischman <bankruptcy@gmail.com> wrote:
It depends on the status of the debtor immediately prior to the reporting of the civil action. I do a lot of FDCPA and FCRA work where the consumer has not filed for bankruptcy, and in those cases the FICO hit can be significant - especially in the case of legal action filed beyond the credit reporting period for the underlying debt.
Those sorts of actions can be very profitable for the consumer.On Thu, Aug 30, 2012 at 5:40 PM, Grennier Law <grennierlaw@gmail.com> wrote:
Jay - What do you typically see in terms of value for the credit hit ?Michael Grennier, Esq.Grennier Law, PC5851 Thille Street, Suite 103
Ventura, CA 93003
(805) 643-3900(805) 830-0467 - Fax
The post was migrated from Yahoo.
When you pursue them for a violation of the automatic stay, do you go after
just the creditor or the creditor and the law firm that violated the stay
on their behalf?
Thanks,
On Mon, Sep 3, 2012 at 8:18 PM, Jay Fleischman wrote:
> **
>
>
> It depends on the status of the debtor immediately prior to the reporting
> of the civil action. I do a lot of FDCPA and FCRA work where the consumer
> has not filed for bankruptcy, and in those cases the FICO hit can be
> significant - especially in the case of legal action filed beyond the
> credit reporting period for the underlying debt.
>
> Those sorts of actions can be very profitable for the consumer.
>
>
> On Thu, Aug 30, 2012 at 5:40 PM, Grennier Law wrote:
>
>> **
>>
>>
>> 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*
>>
>>
>> This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended
>> only for the use of the Individual (s) named above. If you are not the
>> intended recipient of this e-mail, or the employee or agent responsible for
>> delivering this to the intended recipient, you are hereby notified that any
>> dissemination or copying of this e-mail is strictly prohibited. If you have
>> received this e-mail in error, please immediately notify us by telephone at (805)
>> 643-3900 or notify us by e-mail
>> at: grennierlaw@gmail.com
>>
>>
>>
>>
>
>
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.
When you pursue them for a violation of the automatic stay, do you go after just the creditor or the creditor and the law firm that violated the stay on their behalf?Thanks,On Mon, Sep 3, 2012 at 8:18 PM, Jay Fleischman <bankruptcy@gmail.com> wrote:
It depends on the status of the debtor immediately prior to the reporting of the civil action. I do a lot of FDCPA and FCRA work where the consumer has not filed for bankruptcy, and in those cases the FICO hit can be significant - especially in the case of legal action filed beyond the credit reporting period for the underlying debt.
Those sorts of actions can be very profitable for the consumer.On Thu, Aug 30, 2012 at 5:40 PM, Grennier Law <grennierlaw@gmail.com> wrote:
Jay - What do you typically see in terms of value for the credit hit ?Michael Grennier, Esq.Grennier Law, PC5851 Thille Street, Suite 103
Ventura, CA 93003
(805) 643-3900(805) 830-0467 - Fax
The post was migrated from Yahoo.
It depends on the status of the debtor immediately prior to the reporting
of the civil action. I do a lot of FDCPA and FCRA work where the consumer
has not filed for bankruptcy, and in those cases the FICO hit can be
significant - especially in the case of legal action filed beyond the
credit reporting period for the underlying debt.
Those sorts of actions can be very profitable for the consumer.
On Thu, Aug 30, 2012 at 5:40 PM, Grennier Law wrote:
> **
>
>
> 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*
>
>
> This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only
> for the use of the Individual (s) named above. If you are not the intended
> recipient of this e-mail, or the employee or agent responsible for
> delivering this to the intended recipient, you are hereby notified that any
> dissemination or copying of this e-mail is strictly prohibited. If you have
> received this e-mail in error, please immediately notify us by telephone at (805)
> 643-3900 or notify us by e-mail
> at: grennierlaw@gmail.com
>
>
>
>
>
It depends on the status of the debtor immediately prior to the reporting of the civil action. I do a lot of FDCPA and FCRA work where the consumer has not filed for bankruptcy, and in those cases the FICO hit can be significant - especially in the case of legal action filed beyond the credit reporting period for the underlying debt.
Those sorts of actions can be very profitable for the consumer.On Thu, Aug 30, 2012 at 5:40 PM, Grennier Law <grennierlaw@gmail.com> wrote:
Jay - What do you typically see in terms of value for the credit hit ?Michael Grennier, Esq.Grennier Law, PC5851 Thille Street, Suite 103
Ventura, CA 93003
(805) 643-3900(805) 830-0467 - Fax
The post was migrated from Yahoo.
By vacated, Do you mean "dismissed without prejudice" or do they have to
request a "vacate" order.
I don't do much work in state court.
On Fri, Aug 31, 2012 at 9:34 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 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:
>>
>>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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By vacated, Do you mean "dismissed without prejudice" or do they have to request a "vacate" order.I don't do much work in state court.On Fri, Aug 31, 2012 at 9:34 AM, Jay Fleischman <bankruptcy@gmail.com> 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:
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY 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.
Of course, it's still a public record, so anybody could look it up. There
has to be some element of damages to that.
On Fri, Aug 31, 2012 at 10:41 AM, Steven B. Lever wrote:
> **
>
>
> Lawsuits dont necessarily hit credit reports. I see a lot of clients who
> have them and look at the public records portion of their credit report
> every time. Most of the time it doesnt show up.****
>
> ** **
>
> Steven B. Lever ****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Kirk Brennan
> *Sent:* Friday, August 31, 2012 9:24 AM
>
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] violation of the automatic stay****
>
> ** **
>
> ****
>
> 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:***
> *
>
> ****
> ------------------------------
>
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 2012.0.2197 / Virus Database: 2437/5237 - Release Date: 08/31/12*
> ***
>
>
>
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.
Of course, it's still a public record, so anybody could look it up. There has to be some element of damages to that.On Fri, Aug 31, 2012 at 10:41 AM, Steven B. Lever <sblever@leverlaw.com> wrote:
Lawsuits dont necessarily hit credit reports. I see a lot of clients who have them and look at the public records portion of their credit report every time. Most of the time it doesnt show up.
Steven B. Lever
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Kirk Brennan
Sent: Friday, August 31, 2012 9:24 AMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] violation of the automatic stay
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" <
No virus found in this message.Checked by AVG - www.avg.comVersion: 2012.0.2197 / Virus Database: 2437/5237 - Release Date: 08/31/12
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY 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.
Depends on the credit reporting agency and how long the civil action is out
there. I suppose it also depends on the individual court and the access of
the CRA to the records.
On Fri, Aug 31, 2012 at 10:41 AM, Steven B. Lever wrote:
> **
>
>
> Lawsuits dont necessarily hit credit reports. I see a lot of clients who
> have them and look at the public records portion of their credit report
> every time. Most of the time it doesnt show up.****
>
> ** **
>
> Steven B. Lever ****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Kirk Brennan
> *Sent:* Friday, August 31, 2012 9:24 AM
>
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] violation of the automatic stay****
>
> ** **
>
> ****
>
> 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:***
> *
>
> ****
> ------------------------------
>
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 2012.0.2197 / Virus Database: 2437/5237 - Release Date: 08/31/12*
> ***
>
>
>
Depends on the credit reporting agency and how long the civil action is out there. I suppose it also depends on the individual court and the access of the CRA to the records.On Fri, Aug 31, 2012 at 10:41 AM, Steven B. Lever <sblever@leverlaw.com> wrote:
Lawsuits dont necessarily hit credit reports. I see a lot of clients who have them and look at the public records portion of their credit report every time. Most of the time it doesnt show up.
Steven B. Lever
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Kirk Brennan
Sent: Friday, August 31, 2012 9:24 AMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] violation of the automatic stay
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" <
No virus found in this message.Checked by AVG - www.avg.comVersion: 2012.0.2197 / Virus Database: 2437/5237 - Release Date: 08/31/12
The post was migrated from Yahoo.
Lawsuits don't necessarily hit credit reports. I see a lot of clients
who have them and look at the public records portion of their credit
report every time. Most of the time it doesn't show up.
Steven B. Lever
The post was migrated from Yahoo.