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I have the questions in bankruptcy and civil matter. Hopefully

attorney can answer my questions....
I have the questions in bankruptcy and civil matter. Hopefully attorney can answer my questions.
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Answered in 6 minutes by:
9/5/2012
Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Verified

Fritz :

Hi, I'd like to help you with your bankruptcy questions this morning.

Fritz :

Depending on the particular facts of the civil case, it might be appropriate to continue litigation of the case in the bankruptcy court. I think this is what you mean when you say "He used chapter 13 to call and subpena our employers to chapter 13 meeting without notify our chapter 13 attorney."

Fritz :

You cannot be fired "solely because" you filed for bankruptcy. An employer needs a legitimate nondiscriminatory reason to terminate you, although the fact that you filed for bankruptcy could be one factor in this determination.

Fritz :

Unfortunately, being terminated because you filed for bankruptcy is a legitimate concern, and it does happen. On the whole, however, most people do not lose their jobs after filing for bankruptcy.

Fritz :

Depending on the specifics of what the plaintiffs are doing to harrass you, such behavior may constitute a violation of the automatic stay and/or defamation (if what plaintiffs are saying is malicious and untrue). Please let me know more details of how you're being harrassed, and I will provide a more specific answer. Thanks.

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Customer reply replied 5 years ago

The Plaintiffs called to my work requested all my info; before notify my chapter 13 attorney. After they called; then sent the subpena copy letter to my chapter 13 attorney office, in same time sent subpena to my work. The Plaintiffs never submit any supporting documents or file motion objection our loan modification. They are not creditors, they are just potential creditors. My chapter 13 attorney told us; that he never see anyone like this... NO respect, didn't follow Fed court rule. So what can we do now? Can we file motion to against them?

If they're calling your work and sending to subpoenas to your work after you've filed bankruptcy, that sounds like a clear violation of the automatic stay. The only communications they should be sending are to your attorney.

Yes, you could file a Motion for Sanctions based on their violations of the automatic stay. Pursuant to Section 362(h) of the Bankruptcy Code, "An individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, punitive damages."

In your case, you might want to argue that you were injured (in a legal sense) due to this aggressive post-petition debt collection activity at your workplace, as it could potentially cost you your job or lessen your standing at work in some way. You should discuss the specifics with your attorney and have him file the Motion for you.

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Customer reply replied 5 years ago

Here is my concern, they are using chapter 13 trustee to subpoenas my work info, before they sent out subpoenas letter, they called my employer about my work which I already submit to chapter 13 trustee and Fed court. My chapter 13 hearing date is coming next week. they subpoena my employer show up my hearing. My employer is one of work for Military company. They don't like to see thing like this at all. Because I didn't tell them I was filed chapter 13 about year ago. Can I still filed motion a violation of the automatic stay? My chapter 13 attorney told me that he's a my bankruptcy attorney, not civil attorney. So he doesn't wanna get involve too much my civil case. So what can I do now???

I can't think of any legitimate reason they would subpoena your employer to attend your Chapter 13 hearing, but sending your employer a subpoena probably isn't a violation of the automatic stay per se. However, when they called your employer post-petition to discuss your work (presumably in connection with their state court lawsuit), that likely IS a violation of the automatic stay.

 

 

Ultimately, the Trustee will have a lot of power in this scenario. You and your attorney should have a sit-down meeting with the Trustee and determine whose side the Trustee is on (if the underlying claim is meritless, the Trustee could well be on your side), whether the case is likely to proceed in bankruptcy court (rather than state court), and whether you will need hire a civil litigation attorney.

 

If you're going to be litigating in bankruptcy court, there's no way to sugarcoat it - it's going to be very expensive for everyone, unfortunately.

 

 

One important question, though - Did these alleged creditors ever file a Proof of Claim in your bankruptcy case?

 

Also, what are the creditors suing you for, very briefly? A little background might help.

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Customer reply replied 5 years ago

I don't have much creditors, just some credit cards. and some vehicles loan which they didn't sue me. The major thing is my next door neighbor sued me for breach of the contract, sue me for $100,000 plus attorney fee. I have cross-complaint sue them over $350,000 breach our contract and fraud in the contract, we sue them damage plus attorney fee. We have so much documents to show to court. The court already said: He knew plaintiffs brief detail, but he doesn't know what we want in cross-compliant. So he requested both of side attorney work on our cross-compliant and give him brief detail. He'll look at it and see next step. We're about to finish this civil case. However; the Plaintiffs attorney called to my vehicles loan company files law sue to against me, leave me no choice within days , so I filed skeleton bankruptcy 13 and put everything on hold.. I wait to right time ( enough money to hire new civil attorney to finish this case). All my creditors don't care after I filed chapter 13. Only one which my civil case plaintiffs attorney. He is trying many way to find my mistake and put me out from chapter 13. It doesn't success until now he use chapter 13 to subpoena my employer to attend my chapter 13 hearing date which kill me there. Because I'll loss my job, house and no money to hire new attorney to finish civil case which almost done...I have 80% in winning side... What can I do ??? need help quick.. need good lawyer who know bankruptcy and civil matter very well.

 

My mortgage company and one car loan company proof of claim, which I'm paying them now in chapter 13. another creditors don't care at all... except my next door neighbor attorney. He always try to be secure creditor in chapter 13. He has been filed so many documents, but no supporting or declaration for those documents. So Fed court don't care him at all..Now he used chapter 13 to subpoena my employer show up my 13 hearing date without any... why he asked my employer show up? for what? My chapter 13 attorney got very "big headache" for this.. he doesn't know what can he do??

I'm sorry to hear of this dilemma. If you can't afford to pay attorney's fees now, you can pay attorney's fees through your Chapter 13 Plan. Your attorney could file a Motion to Modify Plan and add additional attorney's fees (spread out over the remaining months of your Plan) to help cover these additional litigation costs.


If your current attorney can't help you with this, maybe he or she can recommend a local attorney who might be able to help.

Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Verified
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Fritz
Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
302 Satisfied Customers
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

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