Yes I am...having a b*tchy minute. RE: Creditor's Proof of Claim

[tigergem]

Motion for Entry of Order to Show Cause and for Sanctions. This is basically a contempt of court violation. I wish people would do these more often!

http://www.justice.gov/ust/eo/public_affairs/articles/docs/stay-02.htm

Oh yeah. The IRS also violated the stay last week too. They sent me a notice with interest added from the time of my filing. And they said they "didn't have record" of my bk filing. I know they have received all kinds of notices from both me and the court.

[justbroke]

Willful is very easy to prove. Even an inadvertent mistake can be willful. Remember, you don't have to seek damages, and the damages can be punitive as well.

Oh yeah. The IRS also violated the stay last week too. They sent me a notice with interest added from the time of my filing. And they said they "didn't have record" of my bk filing. I know they have received all kinds of notices from both me and the court.

This is precisely why I'm very firm when it comes to these matters. Debtors need to pounce, regardless of whether any monetary "damages", other than actual damages, are awarded.

You may get a judge who wants to make a point!

[tigergem]

I called the IRS as soon as I received that notice and the lady I talked to was really nice. She said, oh we're not allowed to do that! But... she said they didn't have record of the bk filing in the computer. She was familiar with the insolvency department, when I told her they had received notice, but she asked me to fax the notice of filing to a number in Maryland so it would get entered into the correct computer system. Anyway, I wrote down her agent ID number and name, and did as she asked me to do. But yeah, I can see how dealing with the IRS and its multiple computer operations could get to be a real headache, so I think just to wake them up and get them on track... I might have to do that.

[mtbc]

Our local court rules actually included an address to be used for the IRS on the mailing matrix; that seems to have done the trick first time.

[tigergem]

Yeah, the court... or somebody... added a different address than I had put on the matrix. So that is the one I used. It didn't work. Oh well. ~ just did what I was told. lol. We'll see how this all goes in a few weeks I guess.

[tigergem]

I have an itchy trigger finger. They have not responded. Not a peep out of the trustee either. I am biding my time on filing anything that might rock the boat until after the date has passed for objections to my confirmation. Six.... more.... days....

[tigergem]

update on this one:

It took a while, and I didn't think they would, but HHS/OCR is finally investigating them for HIPAA violations. This action has nothing to do with my bk case, and if HHS/OCR decides to sanction them, it will be a fine paid to HHS, not to me. I mentioned the Wisconsin/Aurora case to the person who asked for my details, and will try to update as this plays out. I will have to request follow up via a FOIA request.

[mrskal]

What is HHS/OCR, if I may ask.

[tigergem]

What is HHS/OCR, if I may ask.

Department of Health and Human Services Office of Civil Rights.

[reesemay]

IRS fiked a lien against me I am in ch 7 BK and I think they are in violation of the stay
they did this after I filed and I am not dismissed yet.

[justbroke]

IRS fiked a lien against me I am in ch 7 BK and I think they are in violation of the stay they did this after I filed and I am not dismissed yet.

If you filed pro se, then you will need to notify them, in writing, of both the automatic stay and the "violation". The original "notification" may have "crossed" in the mail.

This is your responsibility. There are no forms for this.