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I filed chapter 7 bankruptcy in December 2009, and left off…

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I filed chapter 7 bankruptcy...
I filed chapter 7 bankruptcy in December 2009, and left off a creditor who is now seeking garnish wages. The creditor was left off. It's a friend that file through the sheriff dept in California. Am I protected or have to pay. James
Submitted: 7 years ago.Category: Bankruptcy Law
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Answered in 3 minutes by:
5/21/2010
Bankruptcy Lawyer: Ellen, Attorney replied 7 years ago
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36,715
Experience: Bankruptcy Lawyer. Experienced.
Verified
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

Can you tell me when you received your discharge and whether there were assets available for distribution to your creditors?
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Customer reply replied 7 years ago
Haven't received it as of yet, and there were no assets
Bankruptcy Lawyer: Ellen, Attorney replied 7 years ago
Hello,

The creditor is in violation of the automatic stay of the bankruptcy court. Additionally you may file an amendment to your chapter 7 bankruptcy to at the creditor.

The automatic stay of the bankruptcy court prohibits the action. Once a bankruptcy has been filed all collection action must cease. Typically any liability you would have associated with this debt would be discharged in the bankruptcy.

362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.

You will need to file a "Suggestion of Bankruptcy" in all pending litigation including the lawsuit.

Here is the form that you will require to do so:
http://ablelegalforms.com/free/suggestbk.pdf
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36,715
Experience: Bankruptcy Lawyer. Experienced.
Verified
Ellen and 87 other Bankruptcy Law Specialists are ready to help you
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Ellen
Ellen
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