Reply to LadynRed - re-open bk - and more advice (from anyone)
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Posted by Tired in Ohio
(172.152.44.202) on July 29, 2003 at 18:34:15:
Hi LadyNRed, (fyi, I am in Ohio) I wrote to you sometime in the last couple weeks about a creditor and here is what you replied on the board: "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 !" ------------- I've decided to do this by myself and I'm going down to the bankruptcy court tomorrow or Thursday. I'm tired and I don't have weeks and months to wait for another lawyer to decide if he/she will help me. I get so tired of that - beyond words. Also I've sent the creditor tons of letters and they seem to have decided to keep pursuing me. Now, what do I do when I go down there? What specific paper or stack of papers do I need to fill out? I will keep researching online but I also wanted to ask for your help. Also, does the original trustee have anything to do with this? I'm just so tired. I should just have a big huge breakfast at Bob Evans tomorrow, skip work for a while and go down to the bankruptcy court. I am just tired.
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