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how long after discharge are creditors still restricted from retaliation

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    how long after discharge are creditors still restricted from retaliation

    discharged 2/12

    First of all...I want to thank everyone for the help I received when I used this forum to successful navigate my bk. It went well.

    Here's where I am now...and what I need help with. Right after filing, my neighbor, whom I share a water well with as equal owners, was upset that I wouldn't be paying him the money he felt I owed him as a result of ongoing well operation expenses prior to the stay. In retaliation, he physically cut my water line from the well and tried to keep it that way until I paid something. I took it to the BK Judge who ruled that as a matter of law, utilities can't be cut for at least 20 days after a filing. That enabled me to get the water reestablished...and it was the only thing the judge said in his order; a utility cant be cut prior to 20 days.

    Well the neighbor took it upon himself to think that meant he could cut it after 20 days....as if he had standing to do so...and even so the Federal BK judge said to settle the well dispute in my state court.

    So the state court judge said in his injunction against harassment ruling (that I filed against the neighbor) that cutting my water was wrong and the bk ruling was beside the point. He ruled that my neighbors action was harassment.

    In the months following that ruling...my neighbor sent me a bill every month under the guise that it was a valid bill for normal operations...but in fact, included the cost of his expenses to illegally cut my water line in the first place right after the filing. It wasn't until discovery in my civil suit against him that I discovered (pun intended) that he had been trying to get me to pay for those expenses for that crime. He still refuses to stop demanding payment specifically for his expenses to cut my line (the bill from the plumber) to this day. It even says on the invoice that the work specifically was to cut my line). When he first had my line cut....he allowed himself to be video recorded saying the reason he was doing it was because I hadn't paid my bill.

    In that the demands/harassment are still happening and current...can I still sue him in Federal court even though the underlying lawsuit in State court is active? There were a lot of other damages in the state suit...but they all were part of retaliation for filing chapter 7. The civil suit will probably be hugely successful and may even incorporate punitive damages (yes...it really was that bad...there are numerous contempt of courts...false statements to judges and false statements attributed to judges...and it goes on). I just want to know if the civil case precludes me from filing in federal court to stop his demand for payment of his expenses to harass me back in 2012...even thought my bk has been closed.

    Ideas? Thoughts?

    #2
    It reads as though the Federal Bankruptcy Court told you to deal with it in State non-bankruptcy court. I am surprised that the BK judge considered that well a "utility" because the utility exception is pretty specific. Perhaps they did that just do keep the peace. After the 20 days and without deposit, since your BK judge considered this to be a "utility" company, you are at the mercy of the "utility". This is why the BK judge sent you to State court. You won on harassment, not that the utility had any right to not terminate your service.

    State courts share joint jurisdiction with the bankruptcy court in most States (that I know). It would probably be kicked back to State non-bankruptcy court if you re-opened in the BK court.

    Just for my curiosity, just how much is this charge for disconnecting service within the 20-day stay?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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