Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
If the case is filed, and you have given the creditor notice of the filing, you have done your part. T
The automatic stay is, just that, automatic, so notice isn't technically required.
Since you have given notice, and repeatedly at that, you can request sanctions for willful violations.
The court will take into consideration the #s of violations after the fact, and look to the willfullness of the violation when considering sanctions.
You can bring this by simple motion. Your motion sets out the date filing, then when the creditor was notified and how (1st class mail, phone, fax etc.) Then the motion should set out the dates and times of violations. Then you can request an order to stop the violations. Your motion can also request sanctions for each violation and attorneys fees for having to bring this motion. The court will then rule on the violation and issue punitive damages where necessary. You should set out any losses that you incurred as a result too (if any). Your lawyer should be able to draft this quickly.
Thanks for your question, good luck.
This will be brought in bankruptcy court by motion. The automatic stay is set out under the bankruptcy code, 11 USC 362. (http://www.law.cornell.edu/uscode/usc_sec_11_00000362----000-.html) let me know if you have any other questions, this should be a pretty straight forward motion
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