Comments on: $150 Automatic Stay Violation Results in $6,000 damages award http://www.thebklawyer.com/thebkblog/2006/04/04/150-automatic-stay-violation-results-in-6000-damages-award/ Personal Bankruptcy tips and tricks moderated by Atlanta lawyer Jonathan Ginsberg Tue, 17 Jan 2012 01:57:46 +0000 hourly 1 By: Giovanna Gambinohttp://www.thebklawyer.com/thebkblog/2006/04/04/150-automatic-stay-violation-results-in-6000-damages-award/#comment-13883 Giovanna Gambino Tue, 09 Aug 2011 07:22:12 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=25#comment-13883 @<a href="#comment-11971" rel="nofollow">Theresa Baker</a>: I 100% agree with you! Very similar situation I am experiencing. @Theresa Baker:

I 100% agree with you! Very similar situation I am experiencing.

]]> By: Theresa Bakerhttp://www.thebklawyer.com/thebkblog/2006/04/04/150-automatic-stay-violation-results-in-6000-damages-award/#comment-11971 Theresa Baker Sat, 13 Feb 2010 22:10:22 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=25#comment-11971 <p>After more than a year of loss and devastation, we were advised multiple times by endless consumer advocacy organizations to file bankruptcy. We hated the thought, but finally got to where if we did not, we lose our home of 20 years that we lovingly built and raised our 4 children in.</p> <p>We interviewed a few attorneys, educated ourselves and proceeded with the filing of a chapter 7. We immediately enjoyed indescribable relief from harassment from our creditors-EXCEPT for our mortgage servicer. They have continued to violate our automatic stay in an escalating fashion. They have denied us access to HAMP until our bankruptcy discharges, but threatened us that if we don't bring it more current, we will be put immediately into foreclosure. Our attorney seems unconcerned about the violations and so we fearfully waited for our 341 hearing-still ahead of us.</p> <p>After being mailed a notice that if "we didn't bring the account current in 15 days we would be foreclosed on" we immediately called and then asked to (again) apply for HAMP which they repeated (this time on a recorded phone call to convince my attorney that I was being truthful) that we could not apply for HAMP until AFTER our bankruptcy dishcharged (which is in 6-8 weeks). Obviously a no-win for us, and we have asked for a voluntary dismissal of our bankruptcy so we can fight to save our home, which is all we have left.</p> <p>We now will have all of our debt reinstated, plus huge fees presumably, and be banned from bankruptcy for atleast 6 months for not showing up at the 341 hearing. We asked our attorney to file a motion for voluntary dismissal without prejudice, but he said that would cost an additional $500 dollars, which of course we don't have. We said we would then file ourselves and he said we could not because we were being represented by him. We have no other way to stop the bankruptcy than to be a "no show" at our 341.</p> <p>THIS is why people are failing. We are being victimized from every side, and this is our reward for being tax paying, excellent credit public servants for 30 years... Now we are unworthy. It's appalling. It seems to me, that my mortgage company is causing me great harm in violating my stay: I was going to have all of my debt extinguished and begin again. Not now.</p> After more than a year of loss and devastation, we were advised multiple times by endless consumer advocacy organizations to file bankruptcy. We hated the thought, but finally got to where if we did not, we lose our home of 20 years that we lovingly built and raised our 4 children in.

We interviewed a few attorneys, educated ourselves and proceeded with the filing of a chapter 7. We immediately enjoyed indescribable relief from harassment from our creditors-EXCEPT for our mortgage servicer. They have continued to violate our automatic stay in an escalating fashion. They have denied us access to HAMP until our bankruptcy discharges, but threatened us that if we don’t bring it more current, we will be put immediately into foreclosure. Our attorney seems unconcerned about the violations and so we fearfully waited for our 341 hearing-still ahead of us.

After being mailed a notice that if “we didn’t bring the account current in 15 days we would be foreclosed on” we immediately called and then asked to (again) apply for HAMP which they repeated (this time on a recorded phone call to convince my attorney that I was being truthful) that we could not apply for HAMP until AFTER our bankruptcy dishcharged (which is in 6-8 weeks). Obviously a no-win for us, and we have asked for a voluntary dismissal of our bankruptcy so we can fight to save our home, which is all we have left.

We now will have all of our debt reinstated, plus huge fees presumably, and be banned from bankruptcy for atleast 6 months for not showing up at the 341 hearing. We asked our attorney to file a motion for voluntary dismissal without prejudice, but he said that would cost an additional $500 dollars, which of course we don’t have. We said we would then file ourselves and he said we could not because we were being represented by him. We have no other way to stop the bankruptcy than to be a “no show” at our 341.

THIS is why people are failing. We are being victimized from every side, and this is our reward for being tax paying, excellent credit public servants for 30 years… Now we are unworthy. It’s appalling. It seems to me, that my mortgage company is causing me great harm in violating my stay: I was going to have all of my debt extinguished and begin again. Not now.

]]> By: Elizabethhttp://www.thebklawyer.com/thebkblog/2006/04/04/150-automatic-stay-violation-results-in-6000-damages-award/#comment-11010 Elizabeth Mon, 11 May 2009 02:56:20 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=25#comment-11010 <p>I live in Georgia and has a home that was quit claimed to me. I filed a chapter 7 bankruptcy and the bank went ahead and foreclosed the day I filed bankruptcy although I faxed a copy of the bankruptcy. The bankruptcy was discharged in late April. At the hearing the trustee advised me to get an attorney because she saw where the bank had filed foreclosure documents on the original purchaser. The bank foreclosed in October 2008 and we are still in the home. They have not acknowledge the bankruptcy and have been trying to get us out through the State Court. Thank you.</p> I live in Georgia and has a home that was quit claimed to me. I filed a chapter 7 bankruptcy and the bank went ahead and foreclosed the day I filed bankruptcy although I faxed a copy of the bankruptcy. The bankruptcy was discharged in late April. At the hearing the trustee advised me to get an attorney because she saw where the bank had filed foreclosure documents on the original purchaser. The bank foreclosed in October 2008 and we are still in the home. They have not acknowledge the bankruptcy and have been trying to get us out through the State Court. Thank you.

]]> By: Gingerhttp://www.thebklawyer.com/thebkblog/2006/04/04/150-automatic-stay-violation-results-in-6000-damages-award/#comment-9992 Ginger Tue, 09 Sep 2008 17:18:27 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=25#comment-9992 <p>I had to re-file for chapter 13 bankruptcy, after the first one was dismissed (we used an unlicensed document prep service who did not file documents in a timely manner). During the bankruptcy, two creditors violated the automatic stay, one by reposessing our car, even after we sent them a demand letter. My question is, because this was never dealt with in the first bankruptcy, can I file a motion for stay violation in this new bankruptcy?</p> I had to re-file for chapter 13 bankruptcy, after the first one was dismissed (we used an unlicensed document prep service who did not file documents in a timely manner). During the bankruptcy, two creditors violated the automatic stay, one by reposessing our car, even after we sent them a demand letter. My question is, because this was never dealt with in the first bankruptcy, can I file a motion for stay violation in this new bankruptcy?

]]> By: Jonathanhttp://www.thebklawyer.com/thebkblog/2006/04/04/150-automatic-stay-violation-results-in-6000-damages-award/#comment-9935 Jonathan Wed, 30 Jul 2008 12:40:33 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=25#comment-9935 Kathleen: Some bankruptcy lawyers handle stay violation cases, while others do not. Start with your lawyer. If he/she does not handle stay violation cases, ask for a referral. Another source - the lawyer directory at www.bankruptcylawnetwork.com. Kathleen:
Some bankruptcy lawyers handle stay violation cases, while others do not. Start with your lawyer. If he/she does not handle stay violation cases, ask for a referral. Another source – the lawyer directory at http://www.bankruptcylawnetwork.com.

]]> By: kathleenhttp://www.thebklawyer.com/thebkblog/2006/04/04/150-automatic-stay-violation-results-in-6000-damages-award/#comment-9934 kathleen Wed, 30 Jul 2008 05:24:08 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=25#comment-9934 How to file a voilation of Automtic stay? How to file a voilation of Automtic stay?

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