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Ask Ellen Your Own Question
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Last wee I asked you a question and below was your answer. Happy

Customer Question

Last wee I asked you a question and below was your answer.

Happy Holidays!

So sorry to hear of this dilemma.

If my answer is not clear to you or does not completely answer your question, please ask me for clarification by using the reply button.

The automatic stay is no longer in effect and your bankruptcy is closed since you have received your discharge. However you could bring an adversary action for her attempt to collect the discharged debt. To do so you would need to reopen your bankrup
Submitted: 4 years ago.
Category: Legal
Expert:  Ellen replied 4 years ago.
Welcome Back,

Thanks for directing your new question to me.

To clarify you have reopened your bankruptcy and plan to file an adversary complaint regarding the discharge injunction?

You are now asking whether you can file an adversary complaint in the bankruptcy regarding the threats on your life?
Customer: replied 4 years ago.
Well yeah among business inreference in contractual relations.

In my last question I told you this Insurance Company were associates of mine since my demise inthe real estate business business they have spread rumors that I am in jail and/or in a psyquic ward to my past clients and/or that I should be death.

The night before she crosed the line sayin the following on facebook fro the world to see:

"Lisa Carbajal
11 hours ago
YOU PROBLLY THINK ITS FUNNY U OWE MARTY 14,000 ..(discharged debt)

Lisa Carbajal
11 hours ago
just set your will and life insurance because you are a loser the biggest hurt so many people"

This is in reference to my discharged debts.
Expert:  Ellen replied 4 years ago.
I did review our last conversation.

If you have reopened your bankruptcy, you can file the adversary complaint regarding the violation of the discharge injunction. The death threats, defamation and tortious interference with your business contracts are evidence and add to the damages in the discharge injunction. They would not be a separate count or separate complaint in an adversary proceeding.

Instead these claims would be filed in state court in a separate complaint. Based upon the information in your posts, you appear to have an action against the person for the tort of interference with contract based on a business expectancy and defamation. Again these causes of action would be filed in state court and not bankruptcy court

To establish a claim for tortious interference with contract, you must show the existence of a valid contractual relationship or business expectancy (your relationship with your business associates); the interferer's knowledge of the relationship or expectancy; intentional interference inducing or causing a breach or termination of the relationship or expectancy; and resultant damage to the party whose relationship or expectancy has been disrupted.

Defamation basically consists of: (1) a false statement of fact about another; (2) an unprivileged publication of that statement to a third party; (3) some degree of fault, depending on the type of case; and (4) some harm or damage.

Libel is defamation by the printed word and slander is defamation by the spoken word.

Additionally you can consider applying for restraining order against the person

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