Blu Posted January 3, 2009 Report Share Posted January 3, 2009 Hi everyone,I finally got my discharge, capital one was included, but I (they're suing me) still have a court date in March. What should I do to get the case dismissed? Any advice appreciated!Happy New Year!Blu Link to comment Share on other sites More sharing options...
Denita Posted January 4, 2009 Report Share Posted January 4, 2009 Wow! Can you say HUGE VIOLATION OF THE PERMANENT INJUNCTION OF YOUR DISCHARGE???Do you have an attorney that filed the BK for you? If so, contact the attorney right away so Cap 1 can be sanctioned by the BK court and you can win some $$$. Do not let this slide. Link to comment Share on other sites More sharing options...
jq26 Posted January 5, 2009 Report Share Posted January 5, 2009 From much of the case law that I've researched and archived (for use if need be), courts usually sanction for really bad behavior. This could be CapOne just being incompetent. In many of these cases, the creditor was notified five or six times. Here, this mega-corp probably just has one hand not communicating with the other. I'd notify them of the bankruptcy by certified mail. Or have your attorney earn the fee and do it for you. If they do not comply at that point and immediately dismiss the case, then you have a situation where they are within the usual fact patterns leading to sanctions. Link to comment Share on other sites More sharing options...
DebtLawRookie Posted January 8, 2009 Report Share Posted January 8, 2009 Since you have already been discharged, and if your BK attorney wont do it w/o charging you extra, just make copies of the discharge papers, send them to the collection attorney in the case (CMRR) and if they still dont dismiss, get ready to make some money off of their stupidity. Answer the complaint and file a counterclaim, and get a lawyer to do this as he will gladly be able to make easy money on his fees from them while working on contengency. Link to comment Share on other sites More sharing options...
Blu Posted January 8, 2009 Author Report Share Posted January 8, 2009 Thank you for your replies!I didn't use a lawyer, had help from a paralegal, once my BK discharge came through she was done. She did tell me what paper to file at the court to dismiss the case but I don't remember what it was.OK, I'll go ahead and make a copy of the discharge paper and include it in a letter to the attorney. I'll try that and hopefully they'll finally dismiss the case.Thanks again! Link to comment Share on other sites More sharing options...
Blu Posted January 8, 2009 Author Report Share Posted January 8, 2009 Wow! Can you say HUGE VIOLATION OF THE PERMANENT INJUNCTION OF YOUR DISCHARGE???Do you have an attorney that filed the BK for you? If so, contact the attorney right away so Cap 1 can be sanctioned by the BK court and you can win some $$$. Do not let this slide.I don't have an attorney. Had help from a paralegal but now I'm on my own. Link to comment Share on other sites More sharing options...
Denita Posted January 9, 2009 Report Share Posted January 9, 2009 Well, jq26 and DebtLawRookie have good advise here. Hopefully you got the notification out to CapOne again so you can prove multiple notices. (Multiple notices because you would have had them on your BK petition and sent them a notification in the BK - right?). I would, if it were me, try to show that CapOne was notified a couple of times like jq26 says so you can get sanctions from the court.Make sure you file the counterclaim that DebtLaw has mentioned so you can prevail in this suit that CapOne has not dismissed. Look in the stickies here for guidence on filing the counterclaim. Good Luck with this - hope you get CapOne for this violation. Link to comment Share on other sites More sharing options...
Blu Posted January 15, 2009 Author Report Share Posted January 15, 2009 Sorry for the delayed reply, I've been really sick.Thanks to all of you for the posts/help. I'll send a notification to their attorneys out soon along with a copy of my BK discharge. We'll see what happens from there... Link to comment Share on other sites More sharing options...
Blu Posted February 28, 2009 Author Report Share Posted February 28, 2009 The case was finally dismissed but this is what it says: REQUEST FOR DISMISSAL FILED- WITHOUT PREJUDICE.So, even though Cap1 was included in the BK, they can still come after me in the future? I don't understand how they can do that if the debt was forgiven in the BK7? Link to comment Share on other sites More sharing options...
Denita Posted March 1, 2009 Report Share Posted March 1, 2009 They can not legally come after you for debt that has been discharged in a ch 7. Keep all of this paperwork. If they file against you again, I would file a counterclaim against Cap1....after all, you have proof of multiple notices. This could turn into a bigger payday for you.Or, you just might want to contact one of the NACA attorney's to file sanctions against Cap 1. Link to comment Share on other sites More sharing options...
Blu Posted March 1, 2009 Author Report Share Posted March 1, 2009 Thanks for the reply. I'm keeping everything, every little scrap of paper in a file. I just thought it strange they would want a dismissal without prejudice, since they can't come after me for that debt because it's already been discharged. If they do try to pull something like that in the future, I will get a lawyer. =) They can not legally come after you for debt that has been discharged in a ch 7. Keep all of this paperwork. If they file against you again, I would file a counterclaim against Cap1....after all, you have proof of multiple notices. This could turn into a bigger payday for you.Or, you just might want to contact one of the NACA attorney's to file sanctions against Cap 1. Link to comment Share on other sites More sharing options...
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