Bluebyu Posted July 20, 2004 Report Share Posted July 20, 2004 What is the BK code & fine for a creditor who attempts to collect on a discharged debt ??I looked & looked and I can't find it anywhere... Link to comment Share on other sites More sharing options...
LadynRed Posted July 20, 2004 Report Share Posted July 20, 2004 Its not spelled out in $$, its awarded by the court and up to the BK judge. If you file a motion for contempt and request fines and sanctions against the offending creditor, you can not only get them bitch-slapped by the BK court, but you can recover damages and attorney's fees. The amounts can get pretty heft. Heard of one that got slapped with a 25K fine ! Link to comment Share on other sites More sharing options...
DocPC Posted July 20, 2004 Report Share Posted July 20, 2004 How do you go about filing this with the BK judge? Link to comment Share on other sites More sharing options...
Bluebyu Posted July 20, 2004 Author Report Share Posted July 20, 2004 I wanted to use it for my Special Civil Lawsuit...As one of the many violations from a CA.Can I ? Link to comment Share on other sites More sharing options...
DocPC Posted July 21, 2004 Report Share Posted July 21, 2004 ^bump Link to comment Share on other sites More sharing options...
LadynRed Posted July 21, 2004 Report Share Posted July 21, 2004 You can't get them for violations of bankruptcy law in civil court, you HAVE to do it thru the Bankruptcy Court. To do this, you first must file a motion to re-open your bankruptcy, then file a Motion for Contempt and Request for Sanctions against the offending creditor/CA. If the court opens your case and accepts your Motion for Contempt, the creditor gets hauled in front of the BK judge and hopefully gets smacked with some hefty fines and sanctions plus the damages and atty's fees you've requested.You usually don't have to go that far. Just sending a strong cease and desist to the offending jerks telling them you WILL file a Motion for Contempt if they don't quit immediately, plus the threat of lots of $$$ in fines, damages, and atty's fees - well, most of them won't tempt fate, they'll tuck tail and run ! Link to comment Share on other sites More sharing options...
DocPC Posted July 21, 2004 Report Share Posted July 21, 2004 You can't get them for violations of bankruptcy law in civil court, you HAVE to do it thru the Bankruptcy Court. To do this, you first must file a motion to re-open your bankruptcy, then file a Motion for Contempt and Request for Sanctions against the offending creditor/CA. If the court opens your case and accepts your Motion for Contempt, the creditor gets hauled in front of the BK judge and hopefully gets smacked with some hefty fines and sanctions plus the damages and atty's fees you've requested.You usually don't have to go that far. Just sending a strong cease and desist to the offending jerks telling them you WILL file a Motion for Contempt if they don't quit immediately, plus the threat of lots of $$$ in fines, damages, and atty's fees - well, most of them won't tempt fate, they'll tuck tail and run !We're talking FUSA and Citibank here luv.......I do appreciate you sharing your vast knowledge with us. Link to comment Share on other sites More sharing options...
Bluebyu Posted July 22, 2004 Author Report Share Posted July 22, 2004 Can I keep it in my case, if I don't seek any monetary damages for it ??Just so I can explain what happened....The discharged debts are the whole reason for the case...Or will the court throw the case out...Thank you....LadynRed Link to comment Share on other sites More sharing options...
LadynRed Posted July 28, 2004 Report Share Posted July 28, 2004 Doesn't matter who they are, they're in contempt of a federal injunction against collection activity and even MBNA and Citi don't want to face the Fed BK courts. If they don't fall for the bluff, then follow thru, the BK court frowns hard on this kind of BK law violation ! They wouldn't have a leg to stand on in court if the writer has proof of the post-discharge collection attempts. Link to comment Share on other sites More sharing options...
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