Re: To Sue for bankruptcy violations - no lawyer

Posted by LadynRed (199.91.33.254) on July 21, 2003 at 10:59:45:

In Reply to: To Sue for bankruptcy violations - no lawyer posted by Reb on July 20, 2003 at 20:30:48:

Forget county court, the FEDERAL BANKRUPTCY Court is on your side on this one.

What you'll have to do should you decide to pursue this is to 1 - petition to re-open your bk case and 2) File a Motion for Contempt and request for fines and sanctions against the violating creditor/collector.

By continuing collection activity on a discharged debt, they are violating the permanent injunction of the discharge and the BK court can and will slap them down hard for that kind of violation of the BK law.

So.. definitely write them a letter. You tell them that if they don't immediately cease and desist any and all collection activity on this discharged debt, you WILL file a Motion for Contempt for violations of the Bankruptcy laws and request fines and sanctions agains them for their illegal actions !! I'd be willing to bet they back down. If they don't, you can fill out the Motion for Contempt (I can direct you to a form), make a copy of it, and send it to them telling them you intend to file the Motion if they don't stop their illegal actions.

Pulling your credit report on a discharged debt is non-permissable purpose - so you DO have them for FCRA violations that you CAN sue them for should you decide to do so.

I'd go for the biggest bat available - Federal BK law violations - and hit them upside the head with it - hard !

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