automatic stay question and violation

[cbaker049]

Hi,

3 to 5 days before I filed bankruptcy I requested a copy of a bill from a creditor. However, after I filed they sent me the requested verification of debt and the letter was dated sepember 12, 2016 saying "please find enclosed the requested verification of debt. and please advise status of payment". I filed bankruptcy september 1 2016 and the letter was dated September 12, 2016. In the packet they sent me the other pages are dated September 7 and it says "your account is showing an outstanding balance. please remit payment in full or contact me by the due date shown on the statement.....etc". the due date says September 1 (same day I filed bk), but the date on the form is september 7. is this a violation or is it not because i requested a copy of a bill 3-5 days before I filed bankruptcy. on the bottom of the paper dated sepember 12, 2016 it says the usual "this is an attempt to collect a debt. any information obtained willl be used for that purpose etc."

[LadyInTheRed]

To be actionable, a violation of the stay must be willful. I think it would be hard to prove it is willful when they were responding to your request and started the process before receiving notice of the BK.