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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19653
Experience:  B.A.; M.B.A.; J.D.
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Hello, my friend needs an experienced Bankruptcy attorney in

Customer Question

Hello, my friend needs an experienced Bankruptcy attorney in Austin,TX or Cedar Park, TX. The attorney must have some experience with cases about Divorce situation in Bankruptcy process and about Violations of Bankruptcy stay. My friend does not have much money, but does have enough to pay the filing fee and initial reasonable retainer fee. Thank you.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Hello: This site does not offer legal representation. You should use the following sites to find excellent local bankruptcy Attorneys for your friend:



http://www.nacba.org



http://www.naca.net




Your friend should not be paying for discharged debts. Collection of discharged debts is a clear violation of Discharge Injunction. Even if the bankruptcy Judge refused to open the case for sanction against the willful violators, your friend still has remedies with the State Courts that entered the Judgments by filing Motion to Vacate the Judgments/Garnishments/Levies on the ground that the debts have been discharged in bankruptcy, then attach copies of the Notice of Bankruptcy Filing and Discharge Order to the Motion.


Customer: replied 4 years ago.

Hello, thank you for your reply.


The State Court Judge ignored the bankruptcy discharge injunction, saying that they "did not understand how it worked", and "since there is no bankruptcy going on as of now". Basically they did not understand that bankruptcy from 8 years ago prevented them from acting on the violating parts of the order. The matter was appealed but App. Court had not ruled on subject of violation of bankruptcy discharge, they danced around the subject, saying that since the order with violating part was introduced (registered into) Texas, now the subject of violating parts had passed. The violating order was introduced (registered) and modification was immediately requested (saying it was inequitable) .So, App Court left that as it was - with discharged debts being collected through garnishment. What could be the next step in this?

Expert:  Phillips Esq. replied 4 years ago.

Hello, thank you for your reply.

The State Court Judge ignored the bankruptcy discharge injunction, saying that they "did not understand how it worked", and "since there is no bankruptcy going on as of now". Basically they did not understand that bankruptcy from 8 years ago prevented them from acting on the violating parts of the order. The matter was appealed but App. Court had not ruled on subject of violation of bankruptcy discharge, they danced around the subject, saying that since the order with violating part was introduced (registered into) Texas, now the subject of violating parts had passed. The violating order was introduced (registered) and modification was immediately requested (saying it was inequitable) .So, App Court left that as it was - with discharged debts being collected through garnishment. What could be the next step in this?


Response: This is quite ridiculous. Bankruptcy is a federal statute. It does not matter what the state the discharged was obtained in! Your friend's only recourse now is to file another bankruptcy to stop all this nonsense. A skeleton/emergency petition can be filed now and the supporting documents submitted to the Court within 15 days to avoid dismissal of the case.


http://www.nolo.com/legal-encyclopedia/emergency-bankruptcy-filing.html