What do I need to File w/ Court to ENFORCE the STAY

What is the name of your state? OHIO
I filed CHp7 BK on 5/5/04 pro se. One of my income sources is ignoring the stay and garnishing my whole check for debt incurred prior to the BK filing. The income source is a 3rd party disability provider through my former employer ( I also receive Social Security Disability - these two are my only income sources) I claimed the appropriate EXEMPTIONS for both.

On 4/13/04 The 3rd party disabilty provider notified my by email that they had been overpaying my claim since 4/2002 and i owed them $24,000 and they looked forward to receiving my payment within 30 days. Well I have been disabled and unable to work since 10/2001 and my social security didnt start until sept/2003. I have exhausted all my resources and this brings me to Bankruptcy on 5/5/2004 filed in the Southern District of Ohio Western Division. I notified the 3rd Party Dis. Provider on 5/5/04 that I filed BK and that I included them for the $24,000 that they said i owed. They have withheld all my benefits that i have been entitled to subsequent to the filing of BK and applied them to the alleged Debt incurred prior the the BK. What do i need to file with the COURT to enforce the STAY and make them give me my benefit check?

You're almost certainly going to need a lawyer for this one. The problem is not a credit related issue, but a "they over paid you" issue. Whole different animal, that BK might not even deal with.

they only say they "overpaid" because i am now eligible for social security, and social security made my eligibility date retroactive a year for medicare purposes. anyway... the debt was definitely incurred before the Bankruptcy and it was included in the BK. They were served notice as a creditor. They with held my 5/16/04 check and applied to the debt in the BK, which they cannot due according to the notice they receive from the BK court.

I was told i need to file a "Motion to Sanction Creditor for Violation of Automatic Stay". thats what i am preparing.

thanks..