Ebay & bankruptcy

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What is the name of your state? Oregon

We have several User IDs at Ebay for selling & buying. Last week we were selling some items when a family member apparently bid on two of the items. We had already had offers to purchase the items from a couple from Canada so Iw as going to end the auctions early. Instead I received a notice of suspension from ebay for "shill" bidding. i was more then a bit surprised and after ranting a bit I found that my 16 year old son had bid on the items. He has been grounded because of this but that does not clear this up.

We are currently in chapter 13 bankruptcy. Can eBAy, dispite being a private company do this without notification to the court?

[racer72]

Why would Ebay and your account suspension have anything to do with your bankruptcy?

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my understanding is that there can be no action taken against someone while they are in bankruptcy. They are not owed money by me. I am under the impression that permission from the courts before any adverse action affecting you needs to be obtained.

[azatty]

The automatic stay only prevents a creditor from taking action to recover on a "claim" that arises before the bankruptcy petition is filed. A claim is defined as a right to payment or the right to an equitable remedy. If Ebay's action was taken as a sanction for not paying Ebay on a pre-petition debt or as a sanction for a pre-petition non-monetary breach of contract, then the suspension would violate the automatic stay.

Here, though, it appears that Ebay suspended the account for an alleged violation of its terms of service occuring AFTER the bankruptcy was filed. Reported cases amply demonstrate that claims arising post-petition are not defeated by the automatic stay or the discharge injunction (even in an ongoing Chapter 13 proceeding).

Accordingly, since the suspension at issue occurred post-petition, the stay affords no protection.

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thanks for the info. Ebay is just a bit annoying with it appears to be rules made on the fly or buried so far in fine print you never see them


thanks for the help.

[lmelville]

Ebay suspended your account because a family bid on items you were selling, thus making it look as though you were trying to drive up the price (which is in violation of Ebay terms). Ebay had no one in determining if it were an accident or not so it was treated as a violation which led to a suspension.

That has absolutely nothing what-so-ever to do with your bankruptcy. CREDITORS (those to whom you owe money) cannot contact you.