Morgan

Post BK, lien and judgment still not removed

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Had my attorney send a letter to the firm telling them they violated the BK stay since they filed a lien on me after my filing date. It’s been three months and they still haven’t complied. Now my attorney wants $150 to send another letter to them (which I’m sure will do nothing) or $1000 to file a court case. Is there any way around this or something I could do myself? Obviously I don’t have $1000 sitting around since my BK was just discharged. Advice or experience?

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Well, a letter from a lawyer may have a tad more weight, but you CAN do the letter yourself.

Did your lawyer's first letter mention a Motion for Contempt and Request for Sanctions ? If not, that's what you need to do with your 2nd letter. Such an action would require re-opening your BK case (if the Trustee has formally closed it, that is), but they may back off w/o having to go that far. Violating the Automatic Stay is something the BK courts don't take lightly.

Was there already a judment when you filed ? Did your lawyer file a motion to Vacate it after your discharge ?? If not, that needs to be done too, but the lien needs to be voided first since they did it in violation of the law.

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Thanks for your response. Yes, my lawyer's letter did mention the Motion for Contempt, etc. They just chose to ignore it. I'm hoping that if I file the case, they would settle before going to court since they would obviously lose. I want them to pay for my lawyer's fees and damages as well.

There was a judgment placed before I filed for BK. Since my lawyer is nickel and diming me, I wanted to attempt to file the Motion to Vacate on my own. How difficult is this? The same law firm that placed the lien also placed the judgment (if that matters).

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