I have a discharge violation case. Wondering about 9t=
Posted: Tue Jul 27, 2010 11:11 am
For the time and effort you'll go through complying with the 9th circuit safe
harbor provisions/requirements, you're better off sending a letter or contacting
the collection agency and providing a copy of the discharge and perhaps theschedules showing that the creditor was listed and debt discharged. It ususally
works and is faster/cheaper.As Keith says, if after you do this, they continue,
THEN pursue them.
Andy
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tue, July 27, 2010 11:00:50 AM
Subject: Re: [cdcbaa] I have a discharge violation case. Wondering about 9th
circuit
KEITH
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@ aol.com
To: cdcbaa@yahoogroups. com
Sent: Tue, Jul 27, 2010 10:43 am
Subject: Re: [cdcbaa] I have a discharge violation case. Wondering about 9th
circuit
The original creditor, a credit card company, was notified of the bankruptcy
filing and discharge. It appears that the original creditor then referred the
discharged debt to a collection agency. The collection agency sent the letter
to client post discharge.
Warm regards,
Jacob D. Chang, Esq.
Please kindly consider the environment before printing this e-mail.
Note: This electronic mail is intended to be received and read only by certain
individuals. It may contain information that is attorney-client privileged or
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you have received this in error, please notify me by replying and then delete
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On Tue, Jul 27, 2010 at 10:09 AM, wrote:
>Did you contact the collection agency to determine whether it has received the
>discharge notice?
>
>KEITH
>
>
>
>
>
>
>
>
>
>
>THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
>255 S. Grand Avenue, Suite #2109
>Los Angeles, CA 90012-3045
>Phone: 213.620.0176
>Facsimile: 213.613.1200
>
>HigginbothamLaw@ aol.com
>
>
>-----Original Message-----
>To: cdcbaa@yahoogroups. com
>
>Sent: Tue, Jul 27, 2010 10:02 am
>Subject: [cdcbaa] I have a discharge violation case. Wondering about 9th
circuit
>
>
>
>Hi Group,
>
>
>A former ch. 7 bk client gave me a letter from a collection agency for a
>discharged debt. The case was before Judge Barry Russell. How does this court
>take to discharge violation AP or motion cases?
>Warm regards,
>
>Jacob D. Chang, Esq.
>
>Please kindly consider the environment before printing this e-mail.
>
>Note: This electronic mail is intended to be received and read only by certain
>individuals. It may contain information that is attorney-client privileged or
>protected from disclosure by law. If it has been misdirected, or if you suspect
>you have received this in error, please notify me by replying and then delete
>both the message and reply. Thank you.
>
>
Jacob,
If your proceed under 9011 requesting sanctions, the Court will ask you if you
have sent a Safe Harbor Letter. You should contact the collection agency first.
what are your
client's damages? Make the call first and give a general warning. it. If this creditor does it again to this same debtor, then pursue your
motion.
For the time and effort you'll go through complying with the 9th circuit safe harbor provisions/requirements, you're better off sending a letter or contacting the collection agency and providing a copy of the discharge and perhaps the schedules showing that the creditor was listed and debt discharged. It ususally works and is faster/cheaper. As Keith says, if after you do this, they continue, THEN pursue them.
Andy
From: "higginbothamlaw@aol.com" <higginbothamlaw@aol.com>To: cdcbaa@yahoogroups.comSent: Tue, July 27, 2010 11:00:50 AMSubject: Re: [cdcbaa] I have a discharge violation case. Wondering about 9th circuit
Jacob,
If your proceed under 9011 requesting sanctions, the Court will ask you if you have sent a Safe Harbor Letter. You should contact the collection agency first. It is more professional and civil for our small bar. Anyway -- what are your client's damages? Make the call first and give a general warning. Document it. If this creditor does it again to this same debtor, then pursue your motion.
KEITH
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@ aol.com
gmail.com>To: cdcbaa@yahoogroups. comSent: Tue, Jul 27, 2010 10:43 amSubject: Re: [cdcbaa] I have a discharge violation case. Wondering about 9th circuit
The original creditor, a credit card company, was notified of the bankruptcy filing and discharge. It appears that the original creditor then referred the discharged debt to a collection agency. The collection agency sent the letter to client post discharge.
Warm regards,Jacob D. Chang, Esq.Please kindly consider the environment before printing this e-mail. Note: This electronic mail is intended to be received and read only by certain individuals. It may contain information that is attorney-client privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you have received this in error, please notify me by replying and then delete both the message and reply. Thank you.
On Tue, Jul 27, 2010 at 10:09 AM, <higginbothamlaw@ aol.com> wrote:
Did you contact the collection agency to determine whether it has received the discharge notice?
KEITH
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@ aol.com
o: cdcbaa@yahoogroups. com
Sent: Tue, Jul 27, 2010 10:02 amSubject: [cdcbaa] I have a discharge violation case. Wondering about 9th circuit
Hi Group,
A former ch. 7 bk client gave me a letter from a collection agency for a discharged debt. The case was before Judge Barry Russell. How does this court take to discharge violation AP or motion cases?Warm regards,Jacob D. Chang, Esq.Please kindly consider the environment before printing this e-mail. Note: This electronic mail is intended to be received and read only by certain individuals. It may contain information that is attorney-client privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you have received this in error, please notify me by replying and then delete both the message and reply. Thank you.
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