QUESTION

Do I have grounds to sue a creditor that has been notified of my Chapter 7 bankruptcy?

Asked on Oct 19th, 2012 on Bankruptcy - Michigan
More details to this question:
I filed Ch. 7 almost 2 yrs ago and 1 creditor called several people in my family and also friends ( all of them had been a reference on my account with them 4 yrs ago). They had sent my 'file' to the sheriff for me to be served. The Sheriff and other Couriers come to my job and my home. Yelled at family saying they would be in trouble unless I called them. They also said they would keep coming until they found me within 24 hrs. After the 4th person had called me with this news I tried calling the number again. They finally answered at 8 pm and I asked what it was about and why we're they contacting and harassing my friends and family? I told her I didn't owe anyone any money to be getting sued that I had filed Ch 7 2 yrs ago and she put me on hold to go through my file. When she returned she apologized over and over saying that there company staff must have looked over my bankruptcy discharge papers in my file. I told her how embarrassing it was for them to contact the list of people they had constantly called (some up to 10 times in 3 hours) and also coming to my place of work (where I manage up to 30 people). This was humiliating and I feel it should have never happened. I have contacted my lawyer but still have people asking if I am ok and why did I owe money when I don't owe them. I really want to know what my options are to make sure this "arbitration" company learns a lesson!
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5 ANSWERS

William C. Gosnell
Please sue.
Answered on Oct 23rd, 2012 at 4:08 PM

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Daniel James Wilson
Unfortunately in this jurisdiction judges are reluctant to impose sanctions in a situation where creditor voluntarily ceases efforts in violation of the stay.
Answered on Oct 23rd, 2012 at 4:08 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Contact an attorney concerning the obvious violation of the automatic stay. You could get many thousands of dollars awarded as a punishment for this.
Answered on Oct 23rd, 2012 at 4:08 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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You can attorney can file a Motion for Sanctions for violation of the Stay with supporting affidavits from people contacted and you showing how difficult they made it and request Sanctions and Counsel Fees.
Answered on Oct 19th, 2012 at 10:59 PM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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Yes, you can sue the creditor for violation of the permanent stay injunction. You will need to reopen your bankruptcy case to do this.
Answered on Oct 19th, 2012 at 10:16 PM

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