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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11652
Experience:  JD, MBA
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in a continuation of my bankruptcy question, Looks like

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in a continuation of my bankruptcy question, Looks like The bank violated the bankruptcy injunction and now sues me in a judicial foreclosure. seeking 100k in fees and interest. and a defiency judgement, easements they didn't have Would it be better to make issue in counter claim in the suit and ask the judge to dismiss the case/penalties? Or to go to the bankruptcy court and I guess reopen the bankruptcy asking them to shut down the other case and fine them in contempt/damages? Or I guess maybe go to bankruptcy court first, if that doesnt work, follow with the case counterclaim?


The case has been discharged 2 years so maybe I can get a home loan now, if I reopen the case does the clock start ticking again and all the credit reporting mechanisms etc.

Hi again.

If the lender is trying to collect on a discharged debt, then I would first file a motion to dismiss in the state court (i.e., not a counterclaim), and argue that the debt has been discharged. The state judge should then dismiss the case. Next, I would reopen the bankruptcy and file an adversary proceeding against the lender for violation of the bankruptcy injunction. More than likely, you'll be awarded monetary damages.
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Customer: replied 4 years ago.

Clarify that it is a mortgage, secured debt that was discharged.


Is the reopening of a case going to harm my credit more and give me a


later date for discharge or resolution?


I am at 2 years about and may be able to get a home loan soon

Hi again.

No, reopening the case won't harm your credit score, nor will it change the date of your discharge.
Customer: replied 4 years ago.

This is a related question to the previous. I just paid for the last one.


So if I reopen the bankruptcy to ask the judge to grant damages from the lender, Does the court or judge gain controll of my financial life, And have authority to take another look at current assets

and do a distribution to previous listed creditors in the previous chapter 7

Hi again.

No, the judge doesn't look at your current financial situation, or attempt to take your assets to pay previously listed creditors. The bankruptcy would be reopened for the sole purpose of dealing with the particular creditor that ignored the injunction.
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