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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2890
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I WAS RECENTLY VISITED BY AN IRS OFFICER TRYING TO COLLECT

Resolved Question:

I WAS RECENTLY VISITED BY AN IRS OFFICER TRYING TO COLLECT MONEY I OWED WHICH I INCLUDED IN MY RECENT CHAPTER 7 BANKRUPTCY FILING. CAN I SUE THEM AND EVERYBODY THAT IS HARRASING ME TO COLLECT WHILE I AM IN BANKRUPTCY?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
If a creditor is trying to collect from you after your bankruptcy is filed, and you had notified them of the bankruptcy filing, they could be held in violation of the automatic stay. You can bring a motion in bankruptcy court for this violation, and ask for punitive damages. Good luck.
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
HOW DO I QUANTIFY PUNITIVE DAMAGES OR WHAT FORMS DO I FILE?
Expert:  Terry L. replied 7 years ago.
You need to file a motion for violation of the automatic stay. in the motion, provide a detailed list of the violations, names, dates times, exhibits etc. In your order, you can request damages and the court will determine the severity of the violation and can issue punitive damages to help set an example of 'what not to do'. You do not need to quantify them, but if you have had multiple violations by the same party, cover each point.

Each creditor should be filed under a second motion. Be sure to serve notice on each creditor properly.

I suggest you meet with a local bankruptcy attorney to assist you in this matter. Good luck.