QUESTION

voilation of stay

Asked on Jan 26th, 2013 on Bankruptcy - Virginia
More details to this question:
i filed for bankruptcy in 2005 chapter 13. A creditor listed in the bankruptcy filed with small claims court with another amount not included in bankruptcy. credipot requested more money then the bankriupotcy judge would grant. Judge told him he had to try another court for after the fact monies but not during the bankruptcy. creditor was able to get a judgement even though he was an active creditor in my bankruptcy receiving payments. the smaller court unaware that the creditor was included in bankruptcy ruled a default judgement because i did not show. i didn't have to show since all collections efforts are stayed. I was informed by the creditor in 2011 he filed a judgement in 2006 during my 5 yr stay. i want to know my rights as this judgement that should never have been granted has stopped me from getting a job, buying home and currently has frozen my bank accounts on a garnishment he obtained though his 2006 judgement. I spoke with the creditors attorney he stated he was unaware the credit filed suite while I was in the automatic stay however the judgement was granted. The attorney agreed to stop actively pursuing as he stated he would advise creditor based on the merits of the information I gave him ,meanwhile my accounts are frozen and whats to stop the creditor from doing something else. I have been very much injured by the actions of this creditor who willingly withheld information from a another court to get a judgement. i sent a copy of bankruptcy paperwork to smaller country in June 2012 when i found out the judgement was on my credit since 2006. showing the creditor listed in Bankruptcy but thats as far as it went. creditor can sue while in Bankruptcy but they must get a court order form the bankruptcy judge in which he did not have. What is the statue limitations? I am ready to file legal action.
Report Abuse

1 ANSWER

Bankruptcy Law Attorney serving Warrenton, VA at New Day Legal
Update Your Profile
You have a very good case under Section 362 of the Bankruptcy Code.  I am concerned, first, with who your bankruptcy attorney was.  That attorney should be handling this for you.   If you did not have an attorney, then the chapter 13 trustee should be able to help you.  If none of these avenues work, please call my office.  I will be glad to help you with this problem.  540-349-3232
Answered on Feb 11th, 2013 at 7:03 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters