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Here's what happens in BK court if you're facing an AP, mod, dismissal, conversion..

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    #16
    Agreed!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!


    Originally posted by tobee43 View Post
    isn't that the truth. Oh...truth??? Was is that anyway??

    I'm just sorry for sweet pandora, who as been a model and shinning example of keeping positive, even through the most trying of times while living and breathing a chapter 13.

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      #17
      Originally posted by IamOld View Post
      Pandora, that's a BS decision...totally BS.
      I agree... but - what am I gonna do, slap the judge? LOL Then again...

      Nah, really its okay - as I said in the beginning, it wasnt about the money (obviously....since only asking for $1K) - it was the principle of it all, to put us through 8 months of hell, constant phone calls, notices, increased fees, etc - all when it was all paid out as soon as we were confirmed, etc.

      Hey - I believe in Karma - so Mr. Cranky Pants-I'm-better-than-you Lawyer-collection agent will get his... three fold. I've seen it happen too many times to those that have screwed others over or what-have-you; it does come back to them


      Tobee... LOL @ your last post. Cheez-it's woman - really, CH. 13 isnt that bad. You're too funny.... and again, I'm not sweet - I'm a witch, honest But yes, justice system is extremely flawed - just look at the Casey Anthony trial.. ugh dont get me started on that one!

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        #18
        Of course you're quite right Pandora...but still...

        The thing is, THIS sort of thing actually affects many people - the Casey Anthony thing - honestly - has no effect on the lives of people except that tragic family. So this - your case - upsets me far more...

        Originally posted by Pandora View Post
        I agree... but - what am I gonna do, slap the judge? LOL Then again...

        Nah, really its okay - as I said in the beginning, it wasnt about the money (obviously....since only asking for $1K) - it was the principle of it all, to put us through 8 months of hell, constant phone calls, notices, increased fees, etc - all when it was all paid out as soon as we were confirmed, etc.

        Hey - I believe in Karma - so Mr. Cranky Pants-I'm-better-than-you Lawyer-collection agent will get his... three fold. I've seen it happen too many times to those that have screwed others over or what-have-you; it does come back to them


        Tobee... LOL @ your last post. Cheez-it's woman - really, CH. 13 isnt that bad. You're too funny.... and again, I'm not sweet - I'm a witch, honest But yes, justice system is extremely flawed - just look at the Casey Anthony trial.. ugh dont get me started on that one!

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          #19
          Originally posted by Pandora View Post
          I agree... but - what am I gonna do, slap the judge? LOL Then again...

          Nah, really its okay - as I said in the beginning, it wasnt about the money (obviously....since only asking for $1K) - it was the principle of it all, to put us through 8 months of hell, constant phone calls, notices, increased fees, etc - all when it was all paid out as soon as we were confirmed, etc.

          Hey - I believe in Karma - so Mr. Cranky Pants-I'm-better-than-you Lawyer-collection agent will get his... three fold. I've seen it happen too many times to those that have screwed others over or what-have-you; it does come back to them


          Tobee... LOL @ your last post. Cheez-it's woman - really, CH. 13 isnt that bad. You're too funny.... and again, I'm not sweet - I'm a witch, honest But yes, justice system is extremely flawed - just look at the Casey Anthony trial.. ugh dont get me started on that one!
          IamOld is right as far as the opinion with respect to the courts findings...BS....or ditto on that one.

          karma is good as long as we are still around to see it's rage on the naughty one..

          sorry pandora, you are sweet, can't help who you are...LOL!!!!! we love you just the way you r
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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            #20
            I am sorry if this has been covered elsewhere, but if so, I have not encountered the abbreviation after more than ten hours of reading, including the sticky thread on abbreviations.

            Just what does "AP" mean in the context of this thread?

            Thanks!

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              #21
              AP = Adversary Proceeding
              "To go bravely forward is to invite a miracle."

              "Worry is the darkroom where negatives are formed."

              Comment


                #22
                Pandora,

                Very good post,thank you.

                I have a question.


                Would the trustee expect any money you recieve, if you win a stay violation ?

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                  #23
                  Originally posted by jrs View Post
                  Pandora,

                  Very good post,thank you.

                  I have a question.


                  Would the trustee expect any money you recieve, if you win a stay violation ?
                  According to our attorney, no - any $ received for violation is yours to keep. For us, had we won - all award $ was to be split 50/50 between us and lawyer.

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                    #24
                    it does not sound as if your attorney filed this as a stay violation. First, stay violations are done by motion, not adversary (which is a lawsuit inside of the bankruptcy). Second, a stay violation under section 362 provides no $1,000 statutory fine. However, this sounds a lot like an FDCPA violation when a debt collector takes or threatens to take action they are not legally entitled to take. Under the FDCPA, if you prevail for a statutory violation, the debt collector must pay the statutory amount of $1,000 plus attorney fees. No I only bring this up because after 20 years of practice in bankruptcy courts, I have learned one thing: bankruptcy judges won't order the stay violator to pay any amount of damages unless it was willful. This is why I filed all of my FDCPA cases in the US District Court, not Bankruptcy Court. US District Court judges will not hesitate to rule in your favor and order the debt collector to pay damages. It sucks for you and I am sorry, but that is pretty typical.
                    Any information contained in this post is NOT to be considered legal advice. It is for informational purposes only and should not be relied on without consulting an attorney in your state.

                    Comment


                      #25
                      Originally posted by bigdog6464 View Post
                      it does not sound as if your attorney filed this as a stay violation. First, stay violations are done by motion, not adversary (which is a lawsuit inside of the bankruptcy). Second, a stay violation under section 362 provides no $1,000 statutory fine. However, this sounds a lot like an FDCPA violation when a debt collector takes or threatens to take action they are not legally entitled to take. Under the FDCPA, if you prevail for a statutory violation, the debt collector must pay the statutory amount of $1,000 plus attorney fees. No I only bring this up because after 20 years of practice in bankruptcy courts, I have learned one thing: bankruptcy judges won't order the stay violator to pay any amount of damages unless it was willful. This is why I filed all of my FDCPA cases in the US District Court, not Bankruptcy Court. US District Court judges will not hesitate to rule in your favor and order the debt collector to pay damages. It sucks for you and I am sorry, but that is pretty typical.
                      I know you're responding to a 2011 post, but the experience in my district is mostly different so I'm going to revive it too. First of all, the chapter 13 trustee will seek the money from the lawsuit (eg. either automatic stay or FDCPA) if there is no available exemption or if it is not a 100% plan. That's really sucks taking money from one creditor and rewarding all of the unsecured creditors with no benefit to the debtor if there is no exemption. With my judge, it needs to be an AP and not a MSC. If it is AP, you can't invoke FDCPA on top of the stay violation. And yes, the judges won't make the creditor pay unless the violation is willful and you can prove actual damages. Making the automatic stay violator pay turned out to be much harder than I thought. I'm intentionally keeping the details and outcome of my case vague.

                      Comment


                        #26
                        Yes, this thread is worth a revival, of sorts.

                        In my district, violations are typically done under motion but I did the "big one" as an adversary. They were both 11 USC 365 stay violations.

                        But, in reviving this thread I did want to mention the cases where a crafty Southern District of Florida judge granted sanctions against the computer itself. The judge was crafty in his order and fined the computer in megabytes. It was a bank's computer system which was still billing a debtor in a bankruptcy case, thereby violating the say. But the bills all read that the debtor's balance was $0.00 and demand the debtor to pay $0.00.
                        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

                        I am not an attorney. Any advice provided is not legal advice.

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