Hello, my name is XXXXX XXXXX X would love to assist you. Give me a moment to research your issue and I will answer promptly.
I am at Court and when done I will read through this and respond. Talk to you soon!
That seems odd.
I dont quite understand why they would file a Claim for $0.00 in secured and then object when you basically say what they are saying.
What is your case number. I can look it up and see what was filed. Also if it is on the last document you attached I can just take it from there. Thanks!!!!
The Case number XXXXX redacted on the document, so if you can let me know I can look it up and review the docket.
I can answer here. I have about 4-5 hours if travel, then I will jump on a computer asap. Thanks!
Ok, back to computer. Here are my answers:
1. If I was to win an award for a stay violation post confirmation, would the "taxing agency" or any other creditors be entitled to a portion thereof ?
No, a stay violation is your money and wont be taken by creditors. I have never seen or heard of that happening.
2. One of the creditors is holding funds in my account and is refusing to issue a refund because of a negative balance in my account on another website that is wholly owner by the former. What to do ?
This sounds like a stay violation to me. If these funds were on deposit pre-filing, they cannot keep them once you file because of a negative balance. It is all included in the BK and treated per the Plan. I would send a demand letter to them stating that if the funds held in violation of federal law are not released in 14 days, you will file a Motion to have them come before a federal judge to explain why they are violating federal law and you will demand punitive damages and sanctions.
When we were talking before about "damages" - this is one. They have your money, so it is not in your possession earning interest. Also it could have prevented you from paying trustee or mortgage or whatever, so you 1) lost interest and 2) lost the ability to make your obligations timely.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).