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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I lost my job due to a fire and from there lost my house as

Customer Question

I lost my job due to a fire and from there lost my house as well. Filed chap 13. Tried to keep car payments up to date altho some may have been late but still all was paid then they took my car anyway because of legal fees that I knew nothing about. This was 6 months ago and now I am getting summoned to court for a car I no longer have. This is crazy. All is gone, why does the harassment continue? What should I do? Going nuts in MA.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

So sorry. Are you currently in a Chapter 13 or a Chapter 7?
Customer: replied 7 years ago.
I am currently in Chapter 13.
Expert:  Ellen replied 7 years ago.

It is a violation of the automatic stay of the bankruptcy court to take any action outside of bankruptcy court against a debtor in bankruptcy. Thus the harassment should not be on going now.

You can file an action in bankruptcy court for the violation of the automatic stay. The court can assess actual and punitive damages. Actual damages is an amount to compensate you for your financial loss that resulted as a result of the violation. Punitive damages is an amount set by the court to "punish" the violator and is unrelated to actual damages.

You may also want to consider converting to a Chapter 7 to discharge all personal liability
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
On 9/4/08 Order Nisi for dismissal was filed. On 10/7/08 a judgement of dismissal was filed stating that this action be dismissed and the the Plaintiff take nothing. The bankruptsy lawyers office told me to give up the car. I am very confused. I cannot find any paper work pertaining to an automatic stay for the car, just the house. Does this seem right? Is this something I should pursue further?
Expert:  Ellen replied 7 years ago.

It does not seem correct. Consider insisting on meeting with your bankruptcy attorney and review your file. Discuss converting to a 7 with him.