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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have a somewhat complicated question about my Chapter 13

Resolved Question:

I have a somewhat complicated question about my Chapter 13 bankruptcy. I filed chapter 13 9 months ago. A car loan I defaulted on 14 years ago is listed in the schedules. The creditor for that car loan is now a "zombie debt" collection firm. They got properly serviced 3 times during the modification of the plan. They did *not* file a claim and the trustee has them listed as barred. What I forgot at the time I filed is there was a judgment associated with the car loan. It had been on my credit report at one time, but it fell off. (This was 14 years ago). The judgment got renewed in CA a year ago, so per the court website, it's still valid. The zombie firm just subpoenaed my bank looking for bank statements, presumably as a first step towards enforcing the judgment and attaching my pay check. Does the automatic stay prevent them from doing that because the creditor was properly listed on the schedule? My attorney has reminded them I'm in Chapt. 13. Thanks!
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.


Thank you for your question. I am happy to assist you.

The zombie collection firm is in violation of the automatic stay of the bankruptcy court and the fair debt collection act.

You can consider requesting your bankruptcy attorney to:

1. File in bankruptcy court for sanctions against the zombie collection firm for the violation of stay, his fees for the action and a request that the creditor be estopped from filing a late claim; and

2. Serve a Notice of Automatic Stay on the bank.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,

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