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Remedies for violation of the automatic stay?

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    Remedies for violation of the automatic stay?

    What are the available remedies when a creditor violates the automatic stay, e.g., by continuing to attempt to collect on debts listed on Schedule F of a Chapter 13 filing, or by continuing to take automatic payments to apply toward a debt listed on the same Schedule F?

    In other words, is there any force behind the automatic stay?

    Thanks.

    #2
    I don't know CH13, I know CH7 there is force, I can sue violators for each individual violation for an XX amount...It's on some other threads here, likely under collections. But it stands to reason if I can defend under 7 there's also gotta be some teeth under 13.
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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      #3
      Yes, you can file a contempt action for violation of the automatic stay in chapter 13 and chapter 7 (assuming the creditor is on notice of the BK).

      Comment

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