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Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience:  10 years Exp., Great customer service, Prompt responses.
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For Paul K only - Isnt it also a violation for them to try

Resolved Question:

For Paul K only - Isnt it also a violation for them to try to collect a post-petition debt
while my 13 is active ?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Paul K, Esq. replied 1 year ago.

Paul K, Esq. :

Hello, my name is XXXXX XXXXX I would love to assist you. Give me a moment to research your issue and I will answer promptly.

Customer: replied 1 year ago.
For Paul K only - Isnt it also a violation for them to try to collect a post-petition debt
while my 13 is active ?
Customer: replied 1 year ago.
Did you see the two documents I uploaded ?
Expert:  Paul K, Esq. replied 1 year ago.
The original ones a couple days ago or a new one?
Customer: replied 1 year ago.
the former
Expert:  Paul K, Esq. replied 1 year ago.
For Cover sheet, you need:
1) Cause of Action - Put a sentence explaining what you are suing for - like Violations of the Automatic Stay
2) Check a box in descriptions of the suit. We don't do it this way, so I am not sure the best one, I guess check FRBP # XXXXX for other.
3) Under Other Relief Sought, list Actual damages and sanctions, including punitive damages.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Isnt it true that they are prohibited from trying to collect a POST petition debt while the 13 stay is in effect ?

Expert:  Paul K, Esq. replied 1 year ago.
I don't think so. I think a new, post-petition debt is your responsibility. For example, if you get a new credit card after filing and use it and don't pay, it isn't included in the BK. SOme of what they did, however, sounds like it involves pre-petition stuff. So if they are forcing you to pay a pre-petition balance before they will refund you other money, then that is a violation.
Customer: replied 1 year ago.
I understand (now) that the post debt is not dischargeable. However, it has been my understanding that they are liable if they do anything to try and collect the post debt while the stay is in effect: collection agency, emails, phone calls. Otherwise, there's not much point in filing the AdPro.
Expert:  Paul K, Esq. replied 1 year ago.
There may not be much point if it was all post-petition, but again, if you owe them a pre-petition debt and they wont refund you post-petition money until you pay the prepetition one, that IS a violation.
Customer: replied 1 year ago.
I got that, but my question remains: If they try to collect a post-petition debt while my 13 is active, isnt that also a violation ?
Expert:  Paul K, Esq. replied 1 year ago.
If it is truly 100% post-petition, I dont think there is a stay violation because it is not part of the stay. If the creditor's actions are intertwined with pre and post-debts, then you can still file it and let the court sort it out. If anything, you can get the creditor to just settle (which is what you should try for anyway)
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
According to another BK atty, it is a violation. I'd like to know for certain. Meanwhile, I discovered that, about a week ago, they refunded the $391 into a new checking account I opened. How does that change things ?
Expert:  Paul K, Esq. replied 1 year ago.
Well, it obviously lowers what you can get back, since you already got it. I think you have a good case though. One of your problems is the whole scam/fraudulent seller thing, as you didn't know anything about it, but were the middle man that facilitated it, EB may claim you knew or were in on it or something. Some districts don't have an adversary filing fee for stay violations, so check your paperwork from Court to see if you do. If you don't, then it only really hurts you as far as time, so it doesn't hurt to file and hope for a settlement.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and 4 other Bankruptcy Law Specialists are ready to help you
Expert:  Paul K, Esq. replied 1 year ago.
Send me any other docs that you want me to review besides the cover sheet and I will review.
Customer: replied 1 year ago.
Can you tell me what this document means and if it requires any action on my part ?graphicgraphic
Expert:  Paul K, Esq. replied 1 year ago.
Yes, take the new address on the first one (Midland Funding I think it was) then fill that out on the second sheet and follow the instructions to mail it into the Court.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and 4 other Bankruptcy Law Specialists are ready to help you

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