Next Page

1

Previous Page

Topic: willful violation of automatic stay in bankruptcy case

Created on: 02/02/15 07:36 PM

Replies: 2

LISA2


Joined: 04/09/14

Posts: 1

willful violation of automatic stay in bankruptcy case
02/02/15 7:36 PM

I believe I have the evidence to meet the burden of proof for a willful violation of the automatic stay afforded me by my Ch. 13 bankruptcy. The violator is an alleged servicer/mortgage holder who did not file a proof of claim or a motion to lift the stay in the case. I disputed their claim in my schedules and listed them on my matrix when I filed. My Bk plan was approved with no payments to this alleged creditor, yet they continued to conduct collection activity. An order to show cause was issued by the court and responded to by the alleged creditor. A hearing date is set for 2/18/15. Opposing counsel now wants to talk settlement. What are the potential fines/damages they could face? They offered me $1,500, which I said that was way too low given the nature of the violation (it involved emotional harm not only to me, but to my my minor children who were personally engaged by the alleged creditor), but I don't know how much it might cost them to litigate and loose, so I'm not sure where to set the starting bar for negotiations.

Link | Top | Bottom

HALINA1


Joined: 11/08/13

Posts: 60

RE: willful violation of automatic stay in bankruptcy case
02/03/15 12:13 PM

try the IRS they pretty much regulate everything concerning $... and the Better Business Bureau might be have guidelines.

Of course case law is a good bet.

Best wishes.

ME@htb

Link | Top | Bottom

HALINA1


Joined: 11/08/13

Posts: 60

RE: willful violation of automatic stay in bankruptcy case
02/03/15 12:49 PM

also, is there a federal an state statute? Perhaps you are dealing with harassment which I believe is under the penal code [at least in NYS].

ME@htb

Link | Top | Bottom

Next Page

1

Previous Page

New Post

Please login to post a response.