I filed for bankruptcy chapter 7 in may this creditor was included they did not attend the 341 meeting . They however recently decided to charge credit card for the amount that was owed to them. They have received all notifications from the court. Inst this illegal? I have contacted them and they will not refund it, What are my options?
PS- this is not the same company where they can offset if anyone was wondering
Put them on notice; in writing. Demand repayment within a reasonable amount of time. If they don't repay, then you could file suit against them for violating the automatic stay and Florida Statute, Section 559.72(7) and (9). You will be entitled to returning monies (ie actual damages) as well as statutory damages, attorneys fees and costs. Attorneys experienced in this type of law will take case on a contingency basis and will be paid, if successful, by the violating creditor. www.leavenlaw.com
This answer should not be construed to establish an attorney-client relationship. Please consult a licensed attorney in your state and visit www.FloridaBKLawyer.com or www.ConsumerRightsGroup.com for more details.
Filing a motion for violation of the bankruptcy stay isn't a do it yourself process. Get to an experienced bankruptcy litigator for representation, unless the amount of money involved isn't significant. Hope this perspective helps!
Any actions taken to collect a pre-bankruptcy debt after the filing of the petition are a violation of the automatic stay regardless of the knowledge of the creditor. Where the creditor knew of the stay and still violated it, punitive damages are possible. Get someone to help you with this. Each time I have pursued this sort of violation, the Court has ordered my fees paid by the creditor.
Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.
I agree with my colleagues. You should contact the attorney that handled your chapter 7 case, and tell them about your current issue? If you filed on your own, you should go to speak to an attorney. This seems like a violation of the discharge injunction of the bankruptcy code. You have options available to you. Trying to handle this on your own may be more than you can handle, it may be easier in the long run to have an attorney handle this matter for you.
The asking of and answering general questions does not establish an attorney-client relationship. Please consult with an actual attorney in your local area before deciding on a course of action.