Violation of Automatic Stay?

[semantic]

What is the name of your state?CA

We filed on 10/14/15. The deadline for creditors to file any motions is Jan. 30th. All 341 meetings are over. No motions have been filed. A no-asset notice has been filed by the trustee to be released from the case.

One of the creditors filed a criminal complaint in the state of MA after he received the bankruptcy petition, which listed the judgment he was trying to collect on. It involved a stolen check that was not my account, not my signature, not my corporation, and for which I held no position as director or employee. The check was stolen from my wifes business, which did bear a legitimate signature from the bookkeeper. It was presented for payment after the corporation was dissolved and after we had left the state of MA. The bank account was also closed by that time. One of the employees of that business made the check out to himself, and the merchant paid it. Why they waited until after we left the state of MA is fishy (the merchant and the employee). A lawyer represented me at the complaint before the magistrate. I am unsure why, but even with all the evidence, the magistrate asked the plaintiff what he wanted to do (actual words). It is going to arraingment.

ON the bankrupcty issue, this creditor has sent me a letter regarding the amount of the stolen check, which had a judgment passed on it last spring, and which we included in the bankruptcy (rather than try to vacate the judgment - which would have involved us going back to MA, which we have to now anyway).

We received this letter from the creditor in the second week of December 2005. In it, he is asking for the money either to be paid by me or paid by someone who knows me. The amount is $2500.

Regarding the criminal matter, the MA lawyer was 'certain' that the magistrate would throw it out; it appears that the magistrate knows the plaintiff personally, so I don't know if this is an issue. They were presented with affidavits of signature, proof of bank account ownership, proof of corporation ownership, copies of my drivers license, etc. Nothing is in my name or resembles my signature...but it went through anyway. I am certain that a trial court will probably be more judicial when presented with the evidence. To me, it seems that you could pull anyones name out of the phone book and sue them. Oh well I'll deal with this.

However, regarding the letter the creditor sent to me after he received the notice of bankruptcy petition, does this qualify as 'willful intention' of violation of the automatic stay? I looked up the bankruptcy laws, and it seems to qualify as such. I have not yet sought counsel in CA, but wanted to present this question to the forum to hear some opinions.

Thank You

[Ladynred]

However, regarding the letter the creditor sent to me after he received the notice of bankruptcy petition, does this qualify as 'willful intention' of violation of the automatic stay?

Yes, it certainly IS a violation of the automatic stay. NO collection activity is allowed once the stay goes into place. Since its a demand to be paid for an included debt - he's in violation. File a Motion for Contempt against him.

The criminal case is a separate action as criminal matters are not stayed by the BK.

[zippysgoddess]

You filed in 2015?? Give us your timewarp secrets, please! LOL!

[HomeGuru]

Originally Posted by semantic

What is the name of your state?CA

We filed on 10/14/15. The deadline for creditors to file any motions is Jan. 30th. All 341 meetings are over. No motions have been filed. A no-asset notice has been filed by the trustee to be released from the case.

One of the creditors filed a criminal complaint in the state of MA after he received the bankruptcy petition, which listed the judgment he was trying to collect on. It involved a stolen check that was not my account, not my signature, not my corporation, and for which I held no position as director or employee. The check was stolen from my wifes business, which did bear a legitimate signature from the bookkeeper. It was presented for payment after the corporation was dissolved and after we had left the state of MA. The bank account was also closed by that time. One of the employees of that business made the check out to himself, and the merchant paid it. Why they waited until after we left the state of MA is fishy (the merchant and the employee). A lawyer represented me at the complaint before the magistrate. I am unsure why, but even with all the evidence, the magistrate asked the plaintiff what he wanted to do (actual words). It is going to arraingment.

ON the bankrupcty issue, this creditor has sent me a letter regarding the amount of the stolen check, which had a judgment passed on it last spring, and which we included in the bankruptcy (rather than try to vacate the judgment - which would have involved us going back to MA, which we have to now anyway).

We received this letter from the creditor in the second week of December 2005. In it, he is asking for the money either to be paid by me or paid by someone who knows me. The amount is $2500.

Regarding the criminal matter, the MA lawyer was 'certain' that the magistrate would throw it out; it appears that the magistrate knows the plaintiff personally, so I don't know if this is an issue. They were presented with affidavits of signature, proof of bank account ownership, proof of corporation ownership, copies of my drivers license, etc. Nothing is in my name or resembles my signature...but it went through anyway. I am certain that a trial court will probably be more judicial when presented with the evidence. To me, it seems that you could pull anyones name out of the phone book and sue them. Oh well I'll deal with this.

However, regarding the letter the creditor sent to me after he received the notice of bankruptcy petition, does this qualify as 'willful intention' of violation of the automatic stay? I looked up the bankruptcy laws, and it seems to qualify as such. I have not yet sought counsel in CA, but wanted to present this question to the forum to hear some opinions.

Thank You

**A: the stay has not been violated since we are only in 2006. Are you going back to the future?

[zippysgoddess]

A bankruptcy and stay in 2015, talk about planning for the future...

[HomeGuru]

Originally Posted by zippysgoddess

A bankruptcy and stay in 2015, talk about planning for the future...

**A: I'm not filing until 2025. And then it will be Chapter 15 which will be converted to a 9. And there will be an automatic stay, sit, and fetch too.

[semantic]

Well its at least refreshing to know you all have a sense of humor. We filed in october of 2005, forgive me, Lord knows what the laws will look like in 2015.

File a Motion of Complaint?

Sounds like a good first step. I'll try to put the right date on it.

Thanks.

[semantic]

Oh, there I go again, its 'contempt' not complaint......sorry to be a party pooper.