Issues: What constitutes "willful" unlawful attempts to collect a debt under sec. 362? How do I request sanctions/damages against a bank for such attempts under sec. 362? Should I bother whith it?
Timeline:
3/13: Filed chapter 7 petition in Western Washington. Notified bank not to automatically deduct mortgage payment from account because of bankruptcy. (Does it matter if notification was oral or in writing?)
3/15: Received copy of Notice of Bankruptcy and creditors' meeting from court. Notice states the creditors may not attempt to collect any debts and may be "penalized" for such attempts. Mortgage payment due.
3/22: Bank prints out notice of delinquent mortgage payment.
3/24: Bank mails notice to client.
Bank's actions violate sec. 362, but am I likely to receive actual damages and/or punitive damages?
Does the 7 days between bank receiving notice from court and printing/mailing delinquency notice make bank's actions willful? Do I have to have notified bank in writing first for their actions to be willful?
How do I request damages?
Actual damages are about $70 (attorney fees and costs for panicked emails and drafting cease and desist letter to bank). Client is also pretty angry at bank.
[This message has been edited by Tracey (edited March 29, 2000).] | 
03-29-2000, 01:35 PM
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