Student loan comp keeps violating stay and sending collection letters/ calling etc.

[brokentex]

My wife and I filed chp 7 back in early march. Her student loan company called and wanted to know why we did not pay. We told the we filed bk and would resume payment once we were discharged. They said to fax them proof because they had not indication we filed even though they are on the matrix of creditors. Our attorney faxed them proof. They still call and send collection letters to us. My wife calls them and they still say they have not notification of our BK filing. I thought by law they can not contact you once you file. Is there something I can file against them for ignoring the automatic stay.

[anonymuse]

Send another copy of the proof by snail mail with a signature confirmation.

From what I've read, the courts are pretty lenient with the student loan companies. I've seen cases where the student loan company did not file it's appropriate paperwork for the 341 meeting, but since student loans cannot be discharged without a request for a undue hardship discharge, the court favored the student loan company even when they didn't do their work.

Here's the legalese about automatic stays:

http://www4.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000362----000-.html

And the part this is relevant to you:

(h) An individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover punitive damages.