Jump to content

BK Penalty


Bluebyu
 Share

Recommended Posts

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

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

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. :wink:

Link to comment
Share on other sites

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

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

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.