What are the consequences when creditor violates a bankruptcy stay?
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What are the consequences when creditor violates a bankruptcy stay?
Do I report him or what? I filed bankruptcy over 2 months ago, I just got served eviction papers by my landlord for the amount on the bankruptcy, Also, I had purchased a truck from him and he came the week after I filed and picked the truck up. What are the consequences for him if I report him to the judge?
Asked on July 15, 2012 under Bankruptcy Law, Washington
Answers:
Terence Fenelon / Law Offices of Terence Fenelon
Answered 11 years ago | Contributor
What you describe is a clear violation of the bankrupcy code and is sanctionable. Although landlords are granted different treatment under the code, they still must get permission from the bankruptcy judge to resort to "self help" remedies, as you described. The same applies to your vehicle. I would run to a bankruptcy attorney in your juristiction and give the facts, If provable, the creditor would be liable for your attorney fees. Following the proper procedures, you may eventually be evicted and lose your vehicle, but it would take a significant amount of time, perhaps enough for you to get a foothold on your finances to prevent the consequences.
You cannot just complain to the judge. a proper motion with notice must be filed with court and served upon the other party with a chance for the Court to hear all side.
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