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Collections/repossession after filing BK....

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    Collections/repossession after filing BK....

    What is the process (other than calling your attorney and complaining) you perform when and if a creditor violates the automatic stay and repossess and/or tries to collect on an account when the automatic stay is in effect?

    I'm talking about an actual violation of the stay, where a car is repo'd or property is repo'd by the creditor in blatant violation/ignorance of the law.

    We know collectors break the law all the time.

    What about creditors...after filing....

    No Motion to lift stay...

    No notice...

    What documents are filed?

    How does one approach the BK court with such issues?

    What is the procedure?

    CPO

    #2
    Technically they are seizing property of the trustees estate. If you have a lawyer I would inform him. If you are Pro Se I'd contact the Trustees office.

    I don't know for sure what forms you need to file if Pro Se, however taking part of the Trustee's estate isn't going to make him very happy with the creditor....there can be fines and such.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Yes, I was aware that this is bad mojo.........

      I was posting to see if anybody has had similar experiences as:



      They are pro se, so I wondering just what one would do in this situation.

      As you suggested, getting the Trustee involved might be the thing to do since the Trustee has total control over the assets.....

      CPO

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