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filing a complaint for violation of an automatic stay

What is the procedure for...
What is the procedure for filing a complaint against a creditor who violates an automatic bankruptcy stay by repeatedly making collection calls to a creditor despite being seved with the filing and despite the creditor being notified the debtor was represented by counsel? The venue and form of motion? Should it be handled as a motion filed with bankruptcy court ? Where can I find the rules addressing this online ?
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Answered in 4 hours by:
9/6/2011
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,914
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

If the case is filed, and you have given the creditor notice of the filing, you have done your part. T

Terry L. :

The automatic stay is, just that, automatic, so notice isn't technically required.

Terry L. :

Since you have given notice, and repeatedly at that, you can request sanctions for willful violations.

Terry L. :

The court will take into consideration the #s of violations after the fact, and look to the willfullness of the violation when considering sanctions.

Terry L. :

You can bring this by simple motion. Your motion sets out the date filing, then when the creditor was notified and how (1st class mail, phone, fax etc.) Then the motion should set out the dates and times of violations. Then you can request an order to stop the violations. Your motion can also request sanctions for each violation and attorneys fees for having to bring this motion. The court will then rule on the violation and issue punitive damages where necessary. You should set out any losses that you incurred as a result too (if any). Your lawyer should be able to draft this quickly.

Terry L. :

Thanks for your question, good luck.

Terry L. :

This will be brought in bankruptcy court by motion. The automatic stay is set out under the bankruptcy code, 11 USC 362. (http://www.law.cornell.edu/uscode/usc_sec_11_00000362----000-.html) let me know if you have any other questions, this should be a pretty straight forward motion

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,914
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Category: Bankruptcy Law
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Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

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