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Bankruptcy Law/Determine If an Action Is or Isn't a Violation of the Stay

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Question
Mr. Leeders,

My wife and I have filed chapter 7 two months ago.  We have a 100financed house with two mortgages with the same lender.  Through this whole time with consistent frequency we have been called by the lender.  My wife informed the lender as soon as the case was filed with the case no and lawyer name and number.  Our lawyer has spoken with the bankruptcy department informing them of the case and specific.  What can I do to remedy this?  What can I expect?
Thank you, D.S.

Answer
Your attorney would have to file a motion for the violation in court.  The judge will then decide if it is a violation, and if it is intentional.  If it was a clerical oversight, the judge may likely just give them a slap on their wrist.  If the court feels it is intentional, then it is possible to order sanctions.  Check with your lawyer and see what they feel is the best plan of attack.

Bankruptcy Law

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Terry Leeders

Expertise

Handles Chapter 7 and Chapter 13 bankruptcy cases.
10 years of extensive bankruptcy experience. Filed over 3000 cases
Chicago Bankruptcy Lawyer website
"One On One Personal Service You Deserve"

Experience

I have been practicing bankruptcy law for 10 years. I have helped over 3000 consumer bankruptcy clients in that time.

Organizations
Chicago Bar Association Illinois Bar Association

Publications
author of Chicago Bankruptcy Blog
Chicago Chapter 13 Bankruptcy Blog
Illinois Bankruptcy Law Blog
Fresh Start Partners

Education/Credentials
University of Illinois Thomas M. Cooley Law School
Chicago Bankruptcy Lawyer website

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