How can I sue someone pro se for violating bankruptcy stay?

Factual Questions
1

I filed chapter 7 pro se and was discharged last week. One of the creditors in my matrix has continued to try to collect the debt during the stay. Even after I sent them a certified letter with a copy of my BK notice, they contacted me twice more. Then they sold the debt to a collection agency (who was already on my matrix for another debt) who sent me a letter today.

I want to sue them for violation of the bankruptcy stay. I would like to do this myself. Even if I don’t get damages it would give me personal satisfaction to make them spend time and money having to go to court. I am sure it is more difficult than filing the bankruptcy petition, but could someone at least point me in the right direction?

2

Wouldn’t the adult thing be to just ignore it and get on with your life?

As a minor note, anyone on this board qualified to answer your question (i.e. an attorney or accountant) will probably decline to do so. Or so I have observed.

3

Not when you consider the fact that these creditors, since they are not “getting the message” might pursue legal action of their own, trying to get a lien or garnishment. Of course it would get thrown out eventually, but why should I just sit around and hope that eventually they leave me alone? If a notification from the court and a certified letter has not worked, how else do I drive my point home?

4

Well, by “ignore it” I mean don’t go out of your way to make it worse just for the hell of it (i.e. for “personal satisfaction”). Carefully record the dates and details of all communication, be it by mail, fax or phone and keep sending copies of your BK notice to anyone who doesn’t seem to get the message. If you raise the stakes by getting the courts involved, you’re inviting them to do the same, and no-one (including you) will benefit.

5

Let your bankruptcy trustee know about the stay violation. Current bankruptcy laws really don’t allow you to sue for the stay violation. Send the CA a cease and desist letter, CRRR, telling them the debt was discharged in a bankruptcy and that they are to never contact you about the debt again. Just give them the case number, no need to send a copy of your discharge. Most CA’s have Pacer accounts and can look it up themselves. The C&D letter should get them off your back or it will force them to sue, you can then use the bankruptcy as a positive defense. My step daughter filed bankruptcy 6 years ago and went through the same thing. She was finally sued over the debt a couple years ago, the judge spanked the lawyer for the CA pretty good for violating the bankruptcy stay.

6

Have your lawyer send the collection agency a registered letter telling them, essentially, to fuck off. We had to do this after someone used my sister’s Social Security Number to get a fraudulent credit card. A collection agency kept badgering her to pay for the fraudulent charges, even after a fraud alert had been placed on her credit report. We had a lawyer send a registered letter telling the collection agency that my sister would sue them if they didn’t stop bothering her, or if they tried to damage her credit. Sis hasn’t heard a peep from them since.

7

I already did exactly this. I sent a letter certified mail return reciept, with a copy to the trustee. I included a copy of my BK notification and said to stop contacting me. I only got more letters in the mail from them. All the trustee did was send me an email suggesting I get a lawyer.

8

You should at least consult with an attorney, maybe several. There are provisions in the bankruptcy code for enforcement against willful breaches of the automatic stay through a private cause of action that allows for an award of attorney’s fees, and they may well be messing with you because you’re pro se and they don’t think you’re aware of it.

9

Talk to a bankruptcy lawyer, should have gotten one to begin with IMHO, most legal stuff done pro se is a mess.

10

The answer to your question is long and complex. It’s not realistic to think we could train you in legal procedure on a message board. Moreover, for various good reasons, the moderators do not permit legal advice to be given here. I will test their patience only to the extent of mentioning two things. First, the relevant Bankruptcy Code section is § 524(a) (effect of discharge); the automatic stay ceased being relevant when you were discharged (see § 362©(2)©). Second, at a practical level, you might make more headway if you call the collection agency and ask to speak to a supervisor. FWIW, this probably isn’t malicious. They’re probably just being lazy. You’re in the computer system and no one can be bothered to fetch you out.

11

I thought that the original bankruptcy court was charged with that sort of thing…even when the case is finished.

12

:smack: Missed the part where he said he was already discharged. How’s that for issue spotting, eh?

13

That’s mostly correct, but there are wrinkles. If a case has been closed, it has to be reopened (a separate procedure) before relief such as the OP seeks could be requested. Here, the case almost certainly hasn’t yet been closed, so he/she shouldn’t have that problem. Also, although the bankruptcy court has jurisdiction to enforce § 524(a), it’s not exclusive jurisdiction. If a creditor sues a discharged debtor in state court, that court has the power to toss the suit based on the discharge.

Anyhoo, the question here isn’t whether the OP is entitled to relief. On the facts stated, plainly he/she is. The question is how to get the issue in front of a judge without having to spend more money on an attorney. Unfortunately, that’s something we can’t tackle here.