Collector mailing info subpoena

[thebeachbum]

I'm really glad I found this site. I filed chapter 7 Nov. 15, 2009 and went to creditors meeting back in Dec. 2009, debt is to be discharged Feb. 15th.

So for the first time since I filed I've been contacted by a collector who I'm sure is on my BK, I was contacted by mail with a information subpoena using New Jersey Rules of court 6:7-2b. I can't reach my attorney tonight and trying to figure it out if I need to fill this out or if there some issue with my BK, I'm sorta freaking out because the phone hasn't rung once since filing and I can't reach anyone tonight... Is there possibly a problem with my BK, did it not go thru?? Any help is appreciated it!

[keepmine]

Let your attorney handle this.
If the collector didn't file for relief from stay, they're in a bunch of trouble.
Register with pacer and see if there are any issues with your filing.

[catleg]

If you included the debt in your BK filing it is a clear violation of the automatic stay.

Reading between the lines, I assume the original creditor has gotten a default judgment against you in Special Civil Court (a.k.a. kangaroo court), and is now pursuing collection on the judgment. This would be done through their NJ attorneys. Just curious if you could name them. I'm aware of several, unfortunately. I included the creditors attorneys in my matrix so they would get notified.

Since they are acting as an agent of the original creditor who (hopefully) you listed on your schedules they violated the stay. You are under no obligation to return the document. If you didn't include the debt then you may need to amend your case, but in the meantime notifying the law firm of your BK case should be enough to get them off your back.

The BK court takes the automatic stay very seriously and there is no excuse for plaintiffs in state court actions, in fact, attorneys are held to a higher standard, they must actively protect against violating the stay and can't just pretend things are on autopilot and "just happened".

In theory if you don't respond they can get an "Order Enforcing Litigants Rights" and an "Order for Arrest" on you. If you're absolutely certain you listed them on your BK filing I imagine this could result in major bucks for you

[thebeachbum]

If you included the debt in your BK filing it is a clear violation of the automatic stay.

Reading between the lines, I assume the original creditor has gotten a default judgment against you in Special Civil Court (a.k.a. kangaroo court), and is now pursuing collection on the judgment. This would be done through their NJ attorneys. Just curious if you could name them. I'm aware of several, unfortunately. I included the creditors attorneys in my matrix so they would get notified.

Since they are acting as an agent of the original creditor who (hopefully) you listed on your schedules they violated the stay. You are under no obligation to return the document. If you didn't include the debt then you may need to amend your case, but in the meantime notifying the law firm of your BK case should be enough to get them off your back.

The BK court takes the automatic stay very seriously and there is no excuse for plaintiffs in state court actions, in fact, attorneys are held to a higher standard, they must actively protect against violating the stay and can't just pretend things are on autopilot and "just happened".

In theory if you don't respond they can get an "Order Enforcing Litigants Rights" and an "Order for Arrest" on you. If you're absolutely certain you listed them on your BK filing I imagine this could result in major bucks for you

You are right on target with the judgement in Cape May County Special Civil Part, it took place back in April of 2008.
Midland Funding Assignee of Texaco along with thier attorneys Nudelman, Nudelman & Ziering of Roseland, NJ 07068 are indeed listed in my filing and they are the individuals who sent the Info Subpoena.
This just caught me so off guard when I came home from work today because it's been so peaceful since filing and I was really looking forward to a fresh start this year. I will be contacting my attorney tomorrow and do appreciate the responses.

Thanks